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HomeMy WebLinkAboutApril 1995f�- 4/5/95 Commissioners Please Note: The minutes from the January Regularly Scheduled Meeting have not yet been approved. Please review them for corrections as well as the February and Special Hearing minutes. If you did not retain the January minutes, please contact me for another copy. CA b AGENDA OF THE REGULAR MEETING of the HISTORIC PRESERVATION COMMISSION Regular monthly meeting County Commissioner's 7:30 p.m. Conference Room Monday, April 17, 1995 7th Floor County City Bldg I. Call to Order II. Roll Call A. New Commission members- Edward Talley and Adrian Fine III. Public Hearing A. Certificates of Appropriateness 1. 1077 Riverside Drive - RSD -LHD; landscaping 2. 521 River Avenue - EP -LHD; vinyl siding 3. 221 Navarre - RB -LHD; garage 4. 1093 Riverside Drive - RSD -LHD; deck 5. 944 Riverside Drive - RSD -LHD; tree removal 6. 723 Park Avenue - LL, CP -NRHD; tree removal 7. 1142 Lincolnway East - LWE -LHD; window replacement 8. 113 West North Shore Drive - NSD -LHD; roofing 9. 803 N Notre Dame Ave. - LL; window & door replacement 10. 1235 East Wayne South - EW -LHD; fencing 11. 300 -1200 blks. Riverside Drive - RSD -LHD; streetlights 12. 221 Hammond Place - RB -LHD; fencing IV. Regular Business A. Approval of Minutes - January 16 1995, February 27 1995, March 7 1995 B. Treasurers Report C. Correspondence D. Committee Reports 1. Budget & Finance 2. Legal a. Historic Preservation Plan 3. Historic Districts a. Lincolnway West 4. Historic Landmarks a. First reading on landmark status for the following properties: 1. 511 West Colfax b. Second reading on landmark status for the following properties: none c. Status of recommendations to Common Council - Unchanged 310 West Monroe (Olivet AME Zion Church, Zion Hill Baptist) 534 LaPorte Avenue (Starzynski Texaco Gasoline Station) 221 North Michigan (Roma) 5. Standards & Maintenance 6. Personnel 7. Staff Reports a. C of A Staff Approvals 1. 528 River Avenue - EP -LHD; Porch repairs 2. 226 Hammond - RB -LHD; Re -roof in -kind b. East Race Tourism Project c. 507 -509 South Michigan. Street V. Old Business A. 1077 Riverside Drive - RSD -LHD; landscaping VI. New Business A. Pay phones in Historic Districts VII. Hearing of Visitors VIII. Announcements & Miscellaneous Matters IX. Adjournment historic preservatio"commission of south bend and st. joseph county ROOM 1123 COUNVf CITY BUILDING south bend. indiana 46601 (219) 235 -9798 2.) 3.) 4.) 6.) 7.) 8.) 9.) 10.) 11.) 12.) 13.) 14.) 15.) 16.) 17.) 18.) 19.) 20.) 21.) 22.) 23.) 24.) 25.) SIGN -IN CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1077 Riverside Drive South Bend, IN OWNER -- Mary Hendriksen & Dwight King DESIGNATION -- RSD - LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT The house at 1077 Riverside Drive was built c. 1925 for Hariette E. and Dora I. Keller, sisters of Fred Keller. partner in the prominent real estate company of Whitcomb and Keller. This Colonial Revival style house is rated S 111 in the Indiana Historic Sites and Structures Survey and is considered in excellent condition. PROPOSED CHANGE The owner proposes to plant a Dogwood bush or bush of similar size and type at the Southeast corner of the house and to plant an Anthony Waterer Spirea or shrub of similar size and type in front of the screened porch. STANDARDS New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings, and newspapers. New site work should be appropriate to existing surrounding site elements in scale, type and appearance. RECOMMENDATION These proposed changes are minor site amenities which meet the criteria set forth in the standards. Staff recommends approval. 4/5/95 CAA ALTERATIONS Additions Other 24. SITE PLAN D E < � � � t files cutout N 27. Ed irooment idential fa Gol den CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 521 River Avenue South Bend, IN OWNER -- Ernest Hursey, Sr. DESIGNATION -- EP -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This American Four - Square was built c. 1920 by Whitcomb and Keller. The house has been altered by the addition of asbestos shingle siding, aluminum storm door and windows, and replacement concrete porch steps. It is rated C/9 in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The owner proposes to install vinyl siding on the house. STANDARDS II.A.l: Existing exterior building materials shall be retained. The existing or original architectural detail around windows, porches, doors, and eaves should be retained or replaced by replicas of the same design and materials when deteriorated beyond repair. II.A.2: Whenever possible, the original building materials should be restored. Aluminum or vinyl siding may be used when it is the only feasible alternative to maintaining the original surface material. RECOMMENDATION The standards do not specifically address the issue of vinyl siding over an unoriginal building material. The vinyl siding, if done in an appropriate size and style, would be less obtrusive than the extant asbestos shingles. The staff does have some concerns regarding the window and door trim being lost in the additional layer of wall covering. If the owner addresses these concerns, staff recommends approval. CAA 3/28/95 E CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 221 East Navarre South Bend, IN OWNER -- Peter Hauser DESIGNATION -- RB -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT The Bungalow style residence at 221 Navarre was constructed c. 1911. The 1 1/2 story house has a cast concrete foundation, clapboard and wood shingle siding, and flared extension of the roof over the porch. It was purchased by William Schindler in 1912 and used as a rental property until 1921. The property is rated S 111 by the Indiana Historic Sites and Structures Survey and is unaltered. The property has a hipped roof garage with a gable front addition on the North side. PROPOSED CHANGE The owner proposes to: 1. Remove the North side gable front garage addition 2. Remove the masonry chimney from the West side of the garage 3. Re -frame the roof to its original hip type 4. Re -roof the garage to match the house 5. Reframe the North elevation for two 8ft wood overhead type garage doors. 6. Use salvaged siding from addition to replace damaged /missing siding. STANDARDS I.B.3. No changes may be made to the appearance of the site by removing... outbuildings ... before evaluating there importance to the properties history and development. RECOMMENDATION The gable front section is attached to the hipped roof section by a sloped roof area of questionable quality. The owners proposal would include the removal of the gable front section and the odd shaped connecting area. At one point in the property's history, the garage was an electrical supply warehouse and it is assumed the additions were made at that time. This property also shared driveway with the house to the West which explains the garage doors on the South side in the West corner. This driveway no longer exists rendering the doors useless as an auto entry. There is a second set of garage doors on the East side in the area that has been added on to connect the two structures. These doors are situated at an angle that also renders them useless as an auto entry for more than one car. The garage is in poor condition and the owner's proposal would certainly enhance the rear of the property. The additions do not seem to be a historical asset as much as a detriment to the viability of the property. Staff recommends approval. CAA 4/7/95 S WA v lip I - 71 -C I lk SY Z 4 Ni E I tol rn r 4 • 7Y#109 h - � K r ;.fit ''• � x�'a • �� /' liw'l rC ii II }I II 1. � 11 }} ►1 11 1 - - "�/� � � \>, tt �►11 1 1 1 1 - I 111) )- �/ ............... s l s � 4 S(O <2J I MNGY 6 I I V6 221 xzAbC -N aiEwr(o, OlRi6I NFL L- 4,^aA6C- I CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1093 Riverside Drive South Bend, IN OWNER -- Marsha Stevenson DESIGNATION -- RSD -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This Prarie influenced American 4- square house was built c. 1910 probably by Ernest Young. Its walls are a combination of stucco, wood shingle, and wide clapboard. This house is rated S /12 on the Indiana Historic Sites and Structures Survey and is in excellent condition. PROPOSED CHANGE The owner proposes to remove the wood deck at the rear of the house which was added in the late 1980's. The owner proposes to plant a magnolia tree where one was removed to construct the deck and replant grass. The owner also proposes to plant two lilac bushes near the kitchen windows along the back of the house. STANDARDS I.B.2. Recommended: New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings, and newspapers. New site work should also be appropriate to existing surrounding site elements in scale, type and appearance. RECOMMENDATION The removal of the non - historic deck, planting of a magnolia tree where one was known to have been, and the planting of two lilac bushes at the rear of the property meets the criteria set forth in the standards. Staff recommends approval. CAA 3/28/95 R 0 , j CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 944 Riverside Drive South Bend, IN OWNER -- David Betson & Jennifer Warlick DESIGNATION -- RSD -LHD, CP -NRHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This Dutch Colonial Revival house was built in 1903 for Charles P. Drummond and was designed by W.W. Schneider. Mr. Drummond was an attorney and served on the Board of Education between 1916 -1920. The house has undergone alterations including the addition of aluminum siding. The rear of the structure overlooks the St. Joseph river and the property possesses several significantly large oak trees. PROPOSED CHANGE The owner proposes to remove two dying oak trees, one from the rear of the house that has been encircled by a patio, and one on the East side of the house. STANDARDS I.B.2. Recommended - Plant materials and trees in close proximity to buildings that are causing deterioration to the building's historic fabric should be removed. However, tree and landscaping elements that must be removed shall be immediately replaced by suitable flora. RECOMMENDATION The two trees in question are part of the Riverside Drive Oak stand as identified in the Historic Trees Pilot Survey for South Bend's Local Historic Districts. This configuration of Oak trees pre -dates the oldest construction in the district. The recommendation in the Survey was for the protection and preservation of this historic landscape feature. The tree on the East side of the house has lost approximately 50% of its crown on the east side. The tree encircled by the patio has been damaged by the construction of the house and patio. According to Custom & Moore Tree Experts Inc. and Plum Creek Tree Care, the failure to remove these trees would likely cause property damage to the other trees, landscape or the house. With such an unwelcome prognosis, staff recommends approval. According to standards, when trees are removed, they should be immediately replaced with suitable flora. The replanting of a tree in the patio seems undesirable since it would likely suffer the same fate as the current tree. According to David Duncan of Custom & Moore, replacement of the tree on the East side of the house with the same species is inappropriate due to lack of canopy space. He suggested if a replacement tree is desired, a compatible species such as dogwood or hawthorn would be appropriate. CAA 4/11/95 RIVERSIDE DRIVE LOCAL HISTORIC DISTRICT LEGEND Riverside Drive Oak Stand (32 Trees Total) r --I L- Shetterley Park Connection to Brownfield Park and Leeper Park (Leading to River Bend Local Historic District) Views Across the St. Joseph River - Connection to West North' Shore Drive Local Historic District Individual Specimen Trees Brownfield Park A Figure 6 -Sugar Naple -- Silver Naple Blue Spruce r-- Europaan Beech C � --Red Haple White Oaks —'• v v • (� � -0fi V P.. I � `1 1 V2f5 & �;1 le d •; h Cif � �� -I— re_ez Ia.Q To Leeper Park 6 River Bend J' N. Not to Scale C..�. a .� . _ r s�� �� �' � r �� ^� i �` . , � 'r / ��V�.r S� � � � t �( Q �� II■ CUSTOM & TREE E1 D ERTS, INC. JOHN M. DUNCAN - President 2 9 A NATIONAL ARBORIST ..F. CAN WOE,, C. ASSOCIATION. INC. 12945 STATE ROAD 23 / GRANGER, INDIANA 46530 / TEL (219) 272 -1900 / FAX: (219) 272 -1793 C NM 111w...O.WS December 2, 1994 Re: Removal of 2 Oak tree's Site: 944 Riverside Dr South Bend, In 46616 To Whom It May Concern: The two Oak tree's I have proposed removal on at 944 Riverside Dr., need to be removed. The first tree is a Black Oak on the East side of the house. This tree has lived it's entire life subordinated on all sides by more dominant tree's. Furthermore, approximately 50% of this trees crown has broken away on the east side, leaving the rest of the crown over the house weakly attached to a fractured, hollow trunk. Failure is inevitable and damage,to the home can be assumed. The second tree is in the back patio, also in close proximity to the house. This tree was sentenced to a shortened life when the house and patio was constructed. The natural terrene was altered. The grade was raised dramtically on the trunk of the tree, then encircled by cement, thus slowing the trees ability to function, and causing a long slow death. This irreversible decline is now extremely apparent. The hollowing has surpassed the trunk, and is now throughout the main supporting limb. Property damage can be expected with each limb failure, or massive destruction to the other trees, landscape and /or home, should the whole tree fail at once. The removal of these two trees is a unwelcome loss to all concerned, but to neglect the need of removal will only cause greater losses. Sincerely, Z David A. Duncan, G I. S. A. Certified Arborist Vice President, Custom & Moore Tree Experts Inc. C= ;rSTATEMEN,T; 24066 Date TO........ ------- __.._. - IN•ACCOUNT�VVITH � s • _ i b - 1 - �:�� <� Cr I ��u � ��� � � �� II "� mil • it • . I �I - - I I f i e , too! Stock Farm 25812 I CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 723 Park Avenue South Bend, IN OWNER -- Patti Tarbet DESIGNATION -- CP -NRHD, LL STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT The Hodson House at 723 Park Avenue was constructed in 1889 for George & Fannie Hodson. The Queen Anne style house is clad with narrow clapboard and diamond shaped shingles. It has an extremely elaborate cross plan with a hipped roof, gable dormers, a tower, and bay with a mansard roof wrapping around the corner. It has had minor alterations and is rated 0/13 on the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The owner proposes to remove an evergreen tree from the front yard. STANDARDS Group B Standards - Treatment Treatment shall be defined as any change of surface materials that will not alter the style or original form. Such improvements include... landscaping and may involve a change that can potentially enhance or detract from the character of the landmark. RECOMMENDATION The tree is a short needled evergreen planted approximately 40 -50 years ago at the northeast corner of the house. The trunk is very close to the house (4ft) and as a result the tree has grown angling away from the house. According to Barncord Landscape Design, the tree has a 8 -10 year life expectancy because of its inappropriate planting site. Staff recommends approval for the removal of the tree and notes if replacement is desired, an ornamental tree planted behind the corner of the house with some low bushes at the corner would be appropriate. CAA 4/1/95 L_ ' CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1142 Lincolnway East South Bend, Indiana OWNER -- Daniel Bernth DESIGNATION -- LWE -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This two story frame dwelling was constructed in the Queen Anne style circa 1894. It is essentially a cross gable plan with jerkin -heads at the transverse gables and an unusual enclosed cubicle over the entry porch. The surface articulations are modest for the Queen Anne style, consisting of some additional facia to break up wall surfaces and shingle gables. The building is rated as a Significant /11 in the Indiana Historic Sites and Structures Survey. The home was built for George Brown, a cigar maker and his wife Pearl. They resided here from the mid - Eighteen - nineties until the mid - Forties. The second owners, Arthur and Edith Feller occupied the house until the mid - Sixties. Since that time, the house was only sporadically occupied until its purchase by the present ownership the late Eighties. PROPOSED CHANGE The proposal is to remove 13 double hung windows at the first floor and replace them with new double hung vinyl replacement windows with combination storm /screen windows. The historical windows were one over one wood sash with simple frame facing articulated only with a small crown mould head. In addition, the proposed work includes facing the window trim with aluminum. STANDARDS The Preservation Guidelines for Lincolnway East Local Historic District state that: II.A Building Materials 1) Required - Existing exterior building materials shall be retained.... The existing or original architectural detail around windows and doors ... should be retained or replaced by replicas of the same design when deteriorated beyond repair. 2) Recommended - Whenever possible, the original building material should be restored. Aluminum or vinyl siding may be used when it is the only feasible alternative to maintaining the original surface. ...However, it must be noted that such material can contribute to the deterioration of the structure from moisture and insects. II.0 Widows and Doors 1) Required - Existing or original windows and doors, including sash,lintels, sills, shutters, decorative glass, pediments, hoods, and hardware shall be retained or when deteriorated beyond repair, replaced with duplicates of the existing or original. CERTIFICATE OF APPROPRIATENESS STAFF REPORT 2) Recommended - ... If new sash ... are used, the existing or original materials, design, and hardware should be used. When metal (and by inference vinyl) storm windows ... are used, they should be painted, anodized, or coated to match the existing. 3) Prohibited - Existing or original windows, doors, and hardware shall not be discarded when they can be restored, and re -used in place. New windows and door openings that would alter the scale and proportion of the building should not be introduced. RECOMMENDATION HPC Staff first became aware of this proposal when contacted by the contractor following the issuance of a stop work order by the Department of Buildings (DOB) for work without permits. At the time of our visit to the site all first floor windows had been removed, and replacement windows installed. Work remaining to be completed at that time included installation of trim aluminum and sealing by caulking. In the interest of the Owners, Staff discussed with DOB allowance of the completion of caulking. DOB allowed that this would be permissible as caulk application does not require permit. Due to the circumstances of this application HPC staff had no opportunity to inspect the original windows in place, but the removed sashes were available for inspection and did appear to be in generally poor condition. Similar widows remain at the second story where no work has been performed. Had Staff had the opportunity to inspect the windows before this work was performed, we might well have given some guidance at variance from the work performed. However, window repair was clearly in order and the installation of some replacement sash and storm windows would clearly have been called for. The new work though different in material does meet the bare minimum of character required as the new work reflects the original window sizes, 1/1 glass layout, and mode of operation, thereby maintaining the historic character to the casual observer. The application of aluminum over window trim facings is possibly detrimental to the wood to be covered as noted in the standards and its installation to a proper and permanent watertight condition would be further problematic without removal of the crown mould hoods. It is Staff's understanding that the Owners notified the Contractor of the Historic District and were assured that the Contractor was familiar with the permit requirements for such work and that this permit was included in the proposed work. Staff recommends approval of the replacement windows with the condition that the proper permits be purchased by the contractor. Staff recommends denial of the aluminum wrapping of the window trim facings. Staff further recommends that in this case the actual COA permit card riot be physically issued until the actual purchase of the building permit is verified and that the matter be referred to HPC legal counsel should the permit riot be purchased within 30 days of approval by the HPC. David B. Duvall 4/10/95 1 • _y Why U riiF�ame Makes the l U niFmme's all-vinyl construction, "forever" fusion - .welded corners, and unique features combine to create the custom replacement double -hung window that leads the industry. Fbr instance, each window sash tilts in for safe, easy cleaning all year round. Ventilation limit locks *are standard, so you can leave your windows slightly open and still feel secure from break -ins. Plus all sills are sloped for better water drainage. Once you compare all the benefits of the UnTrame double -hung window, you'll agree they are the best! • All corners are fusion- welded for extra strength and weather tightness. • Double weatherstripping -= - practically eliminates air infiltration. • Frames have "R" Core insulation for an R- factor of 20 ... four times higher than average wood windows. • Ventilation limit locks for added security are standard on every window.* ■ Both top and bottom sashes `- -tilt in for easy cleaning. ■Available with HiR +Plus Low -E glass - with Argon Gas for maximum energy efficiency. *Not available on woodgain windows. Double -hung with brass Colonial grid and round top accented with Natural Oakfinish. V CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 113 West North Shore Drive South Bend, IN OWNER -- Gerald Kline DESIGNATION -- LL, WNSD -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This house was built in 1888 for Samuel Leeper, Jr. as a wedding gift from his father. The land was part of his father's farm which comprised much land north of the river. In 1903, 80 acres of the Leeper farm was purchased and platted into the Navarre Place Addition to South Bend. This Gable Front house of Vernacular style has common bond brick walls with a continuous porch on the south and east sides. The structure is rated 0/13 in the Indiana Historic Sites and Structures Survey and is unaltered. PROPOSED CHANGE The owner proposes to remove the present cedar shakes and install Forest Green Grand Manor fiberglass shingles on the gable front section of the house. The owner also proposes to remove two turbine vents and a metal chimney and install three pod vents on the west side. STANDARDS Group B Standards; Treatment: Treatment shall be defined as any change of surface materials that will not alter the style or original form. Such improvements include reroofing... and may involve a change that can potentially enhance or detract from the character of the landmark... The Commission should review the proposed treatment for character and style consistency with the original surfaces. RECOMMENDATION The existing roof is deteriorated and the owner in discussing cedar shake replacements has determined the fiberglass shingle is a higher quality, longer lasting roofing material. There are also some fire safety issues involved in wood shakes verses fiberglass shingles. The shingle chosen is a laminated shingle that has a dimensional appearance which will enhance the effort to make the character consistent with the original materials. Staff recommends approval for this application. CAA - 4/7/95 _ --------- _--_----__'___-___-- .� � � . . � � �� �. ~ �� ' � � CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 803 Notre Dame Avenue South Bend, Indiana OWNER -- City of South Bend - Neighborhood Housing Services DESIGNATION -- LL STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This two story fire station built 1903 WAS designed by South Bend architect Charles Brehmer who lived across the street. It features a brick first floor with frame second story finished in wood shingle and a slate roof. The facade is ornamented with a free classic dormer featuring oriel windows and a window bay clad with pressed metal containing a pair of arched windows. The structure is rates Significant /12 in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The proposal is to remove 20 double hung windows and 2 windows which have been previously altered to casement operation and replace them with new double hung wood replacement windows. An additional 2 fixed casement windows are to be replaced. The typical historical windows were one over one wood sash including 2 windows with arched head conditions at the front facade. A few windows have mullion divisions. In addition, the proposed work include's replacement of 2 existing flush metal doors and their metal frames which are to accommodate transom lites above. the existing windows with regard to operation and energy conservation. The existing windows are in varied states of deterioration. The proposed replacement windows are custom windows as manufactured by Marvin who will fabricate the special features such as arched upper sash and divided lit mullions to duplicate the windows being replaced. The exterior of the wi sashes will be factory clad. Since the proposed new windows are to be ar, gas filled insulated low- emissivity glass, the need for storm windows wi eliminated. STANDARDS The Preservation Guidelines for Group B Local Landmarks state that: C. Renovation and Additions 2) Construction and Style - All work should be done in the architectural style and in a technique compatible with that of the original structure. Change that alters removes or covers existing significant stylistic detail shall not be permitted... 3) Materials - Additions and improvements involving any new material in the landmark should be the same as the original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original RECOMMENDATION The window replacement proposal is put forward as a solution to problems with CERTIFICATE OF APPROPRIATENESS STAFF REPORT The proposed door alteration will rectify previous remodeling which has haphazardly combined new steel frames with existing wood transom frames. Both existing wood and metal frames are to be removed and replaced with new single unit frames. Existing or reproduction wood moulding will then be installed to create the presumed appearance of the original frames. The existing insulated flush metal doors will also be replaced with new insulated flush metal doors. The front door shall have a full view glass panel. These proposed alterations though introducing new materials are carefully considered and will retain and in some cases restore the original character of these features. Staff recommends approval of the replacement windows and doors with transoms as described. David B. Duvall 4/10/95 i . I . .......... r-- WHAT'S YOUR STYLE? These basic styles can dramatically influence how your home looks and feels, inside and out The Casemaster (1) 0 features a sash that's hinged on the side, so it cranks open for maximum ventila- tion. The French Casemaster (2) ha two hinged sash that swing out fron the center for a wide -open view. TI Double Hung (3) 1 two sash that slide and down for vent tion at both top and bottom. Or they'll tilt `into the room for cleaning. For a tall, elegant window opening and superior ventilation, there's the Triple Hung (4). And, as shown on page three, the E -Z Tilt Pac sash replacement kit (5) saves time and money upgrading old double hungs. Glider windows (6) have two sash side by side. One sash slides sideways 0 for ventilation. On Awnings (7) the sash is hinged at the top, so it cranks open at the bottom for ventilation. t. 'W', V 0 i .. !1 0 ELw041WiMmiiiiiiuAMAii Masonry, wood or metal stud walls Series SF and CF In hundreds of stock and made -to -order profiles and dimensions. K.D. or factory -. set -up and welded. Ceco steel frames can be specified in a vast array of profiles and configurations. Frames are 16 gage steel for 1 thick doors; 18 gage steel for 1 doors. Three piece Ceco frames have precise die -cut mitered corners with positive lock tabs to assure rigid connections. They can be specked knocked - down to save on shipping costs and storage space. Or frames can be specified completely set up and welded. • Install either to cap or butt wall. • Hinge preparations are ANSI A156.7 either 4 /z" or 3 /z" SF Series — .Itrz•� In -Stock T Profiles I f s 7/16" backbend for 5.314" depth only T sre- T 1-tih6 - (13�1 1 - 3/ 4'.5- 314 .6 -3(4 7 -7Y4 s-L4' ® Strike preparations: ANSI 4 %s" universal A115.1 and 2, or ANSI 2 %" cylindrical A115.2. SF and CF Made- to- Ilyder _44— 'T Profiles T i r j « 4 t ys . — 1 �- 1- 15h6 � t.gr16- p- Y�•oaop 1 n-an'000n Single rabbet 3"to6' Double rabbet - -4.1/2" to 12- 314"(1.3/4" door) x-3.3/4 "to 12. 3/4'11 -3/6" door WMA MS WS EO FFA 0 A 4 -M 4 E f4 Q Wire masonry anchor Metal stud anchor Wood stud anchor Existing opening anchor Fixed floor anchor ED MT MSZ1 WSs SFA SLFA Masonry "T' anchor Metal stud "Z" strap anchor Wood stud strap anchor Special size floor anchor Sideliteite floor anchor Popular components for sidelites, borrowed lites, transom frames. Series SF and CF frame sticks offer unlimited design possi- bilities. Pre - engineered steel components can be fabricated �cally into sidelites, borrowed des, transom frames, window walls, or partitions and fur- nished as complete, welded assemblies. Consult your Ceco distributor or local sales office for special profiles, wall con- ditions, and configurations. Ceco Series SF, CF, DC frames can be provided with a full range of fire labels. However, unlike fire doors, the hourly rating is not shown on frame labels. For more on labeled frames, see pages 14, 15 and 17. Arched transom -entry craftt`d frnm stirks Wall anchors CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1235 East Wayne South South Bend, IN OWNER -- Lisa Williams DESIGNATION -- EWS -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This Tudor Revival style house was constructed in 1927 as part of Whitcomb & Keller's Sunnymede Addition. The house is in good condition and was rated C/9 in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE - The owner proposes to remove the chain link fence in the rear yard from the NE corner of the garage to the east property line. It is to be replaced with a Michigan Pine split rail fence to match the existing feature. The fence is to have a top rail height of 26" and a.40" height to the top of the posts. The fence will include a 36 "X35" wood gate with arced top. STANDARDS I.B.1. Recommended - New site work should be based upon actual knowledge of the past appearance of the property as found in photographs, drawings, and newspapers. New site work should also be appropriate to existing surrounding site elements in scale, type, and appearance. Prohibited - No changes may be made to the appearance of the site by removing... fencing... before evaluating its importance to the property's history and development. RECOMMENDATION The owner's proposed fencing is appropriate to the existing site elements and the extant chain link fencing has no significant importance to the property's history and development. Staff recommends approval. CAA 4/10/95 41POO' L;AK - F, fiAlm � A XrsT. r-Y rwAe-r E `.. � }% . •� L-1 Pi Ilk S ��TEP I IV----- � rF- E XttT -CIAAIOJ LIJ " 16, T 1,16 i 106 N EN :�f :�f �4 - _ + CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 300 -1200 blocks of Riverside Drive South Bend, IN OWNER -- I & M DESIGNATION -- RSD -LHD STATEMENT OF SIGNIFICANCE HISTORIC CONTEXT Park View streetlight posts were installed on Riverside Drive in 1915. The Park View Posts by the George Cutter Company were used in parks and residential areas because of their short (loft) height. These cast iron posts were topped by the Octagonal Junior Luminaire. Depending on the construction date, the Octagonal Junior could be constructed of cast iron, aluminum, or a combination of both materials. The original model (1911 -1920) had spurs at the top only and a single octagonal globe. Later versions (1920 - 1925) had no spurs. Eventually, customers could choose between no spurs, top spurs only, or spurs at both the top and bottom. By 1926 the single globe had been replaced with eight individual glass panes. All fixtures were painted green to help the fixtures blend into the environment. The Hollowspun Post was manufactured by Westinghouse Electric & Manufacturing Company between 1920 and 1929. The composition of the post is a mixture of ground quartz, feldspar and cement. PROPOSED CHANGE The City of South Bend Department of Public Works proposes to remove and replace light poles and light fixtures on Riverside Drive with rebuilt light - fixtures to match existing (see Wilmette Luminaires with Edgewater Ballast Assembly from the Spring City Electrical Mfg. Co.) and Hollowspun poles. The work will include removal and replacement of light poles, installation of conduit, a service foundation, a meter base, sidewalk removal and installation and other appurtenant work. The City will store all removed poles and luminaires for use as replacements in other areas of South Bend. STANDARDS I.A.1. Required Distinctive features such as ... streetlights...shall be retained. New... streetlights ... shall be compatible with the character of the neighborhood in size, scale, material, and color. Street lighting illumination should be maintained at levels recommended by the Illuminating Engineering Society. Light sources must have spectral distribution in all color ranges. Sources and lamp posts should be uniform throughout the district. Lamp fixtures and supporting posts must be similar in proportion, scale, and detail to the existing historic lamps, as depicted by models A,C and D in Appendix A or a suitable replacement which closely duplicates the standard in size, shape, style and appearance, i.e., Herwig Lighting Company standard or similar. Streetlights should be placed so that adequate illumination is afforded all sections of public sidewalks. I.A.3. Prohibited Streetlights ... which are out of scale or inappropriate to the neighborhood may not be used. RECOMMENDATION E a It % CERTIFICATE OF APPROPRIATENESS STAFF REPORT The proposal includes the rebuilding of 12 luminaires by the city at the points indicated on the map. These repairs are to be in -kind. The lamping is to be 100 watt, 120 volt high pressure sodium lamps. This lamping does have spectral distribution in all color ranges, although it results in a yellow cast to all it illuminates. In June 1990, the Mayor's Historic Streetlight Committee was polled on their preference of lamp type. The high pressure sodium lamp was preferred over a metal halide lamp. The Mayor's Committee recommended the high pressure sodium lamp as acceptable for lighting on Riverside Drive. The proposed plan calls for the replacement of 10 poles, 9 of which are "toothpick" concrete poles of a fairly modern design, with more appropriate Hollowspun poles. It is staff's understanding that the new poles are to be topped by rebuilt luminaires matching the original. The one other pole in question is a cast iron pole in front of 916 Riverside Drive, the George Cutter House. This pole is believed to be the only original streetlight post in Riverside Drive District. Though it will cause an inconsistency in the streetlighting, staff recommends denial for its removal and replacement due to it's historic value on the streetscape and it's relationship with the George Cutter Home. Staff recommends approval for the other aspects of the proposal including the replacement of 9 poles, rebuilding 12 existing fixtures, installing 9 rebuilt - fixtures, and the high pressure sodium lamping. CAA 'x/12/95 HUDSON AVEJ use -N 1 ( .� 1 � N tr` (A) P P \ Z- \` rse � \ 5\ J P � \� rree Xj�/ \\ rru-X \ Q 4 \ 8 (B) v V \ \ \ rrsr9x(a) \ ,e fj LEGEND (A) Ramave f'bltnp Pol. and /or Iound.lion and inslall pole Supplied by City and pi<it up br Canvact., at water Works. located al 915 S. 016e Si. In junction toe. wiring to bs connected by Contractor (10 poles). l (e) Rebuilt 11. install.d b Cit tor— (u 11.1-1) (C) Insloli new service foundollOA and inslall meter base and main dise. —O spliced into existing wiring. Arrangements xilh Indiana and Michigan Power Co. for servi.e by Conlro.lor (XI -X2) (D) Install conduit and .iring la reach from main po.. source X2 to Pole 21 to include function box of pole 21. All splices included. (C) Install conduit and rIring aired to into gr food tar pole 13. (F) (F) Contracor to make arrangements wilh Indiana and Michigon Power Co. to remove er abandon existing pole. Note: Conduit pit by pole 21 will require approximalely 10 SYS of c.nettle side.alk removal and repiocemem. Well e 12 (8) 1 S ( 8 ) Y K CL a d 15 (A) ( on 16 B) r ee -r w F- 17 (A) . f x (F) D- R nrr -x nii -r 19 (B) 18 (A) I L a . a d lsc, ,ri, cv (1) .316'0. Q'llloAPAUH +, 6 1 1 � I ..a' Jam• —i F- -1 va• � I r i I I i rFRb CLIP AMA za. 1'_ 1' I y. 10. I 13 14, 20 21. 11. 23 �— 1. C41T N-A,, FINIAL \ (SO MYE) r 1 24. I I I L� L4JI J1W.' rLAlt U6JJ I d KtL Aff M ZP I I wYPAUS g'E I CAJT F17U (MJF) I I M, I L/4' cqX //1' fF;1CCED' /EYJZfFETJt7J7MT 14 ,E PANE 5IPJ' 1 15 RL I JV°21 /-zll. Jam• r> o� Ltzy 15 RL AV ,".I/W LZIP ! ?& zu Tani - - -_= EEAJEZEE _ _ I1 REb �OSTBZUST Mau I 1Rs , I i L LNIOX. ZU (Z RB I m J ET ( IRS IP..NmuT I1 RE BALLAJT i 1 RED 3 HINGE JUF/ I % J 11 1 1 III � 11 I I II 1 I II 1 I III I III I III I II 1 1 II 1 I pym.[//V jvaf u I I .rocrET u I I II I 1 11 I 1 11 1 i Z.? JPLNALl6'1. u I I - 0A1�JT 06� 11 I I II I I 11 41 Il I I II I I 28 OEM= u I I 3ALLATI AMEY I� I IIII lJ� FO PANA50 JCRF/ 24 0T7BWTr,06XET 4 OST L/FPT ,PL�1G S. JlHIT 64TEEP LIJMTRIAE Sm"', ENT. YIO7Y. MUM: PANEJ:• FININ LAVING• l'zME 91FRIM711av JZMT YIRE TYPE.• w .tr 10. 7) FE III (Asm!r7,lv2 '-- - -, - - - - - -J 7)ffY(,r4vfRIC) PAitEZJ' r- - - - - -_= EEAJEZEE _ _ I i L 11. PANE IZIP FAJ75G I 20. PANE LZIPJ' (JQ F 'PARE (_ - - - - _ RETAINING IZIP OETAIL'J S. JlHIT 64TEEP LIJMTRIAE Sm"', ENT. YIO7Y. MUM: PANEJ:• FININ LAVING• l'zME 91FRIM711av JZMT YIRE TYPE.• w .tr FtF�—' '___� y I i L I S. JlHIT 64TEEP LIJMTRIAE Sm"', ENT. YIO7Y. MUM: PANEJ:• FININ LAVING• l'zME 91FRIM711av JZMT YIRE TYPE.• w .tr Tk!%T FAJ`T61/�' �— 10, TYPE III (ASYMME7UD 5' TYPE Y (SYMME71c) PANELS PLEASE 49YI — 21. PANEL 12 XI - EEL' — 20, PANE QIPS (SEE 'PANEZ ,PE7AINING QIP DETAIL') LL/MINA1PE SPECIFICATIO�VY " 9, CAS SI 217 STYLE,' HEIGHT. EDTH" MATRIAL: PANES; FINISH, LAMPING, __ ._YDLTAGE, DISIPIBUTIDN. SOCKET' WILE TYPE,' Y'ILME7TE WITH ED6EYATF BALLAST AMR 311/2'f/- 15 ,54'f/- ATES R,4TS CAST ALUMINUM P Ef �'A C T I YE P DL YCA, P B DNA T E P,PIMEPAINT, SHE�'IN'ILLIAMS Z PA,PT L'ELDATABLE EPDXY PRIMP (961715 - PRT G AND 8675 - PAPT H) 1001�ATT HIGH RPESSME SODIUM (LAMP BY DTHE, T) IZ0 YDIT; TYPE III (ASYMMERY) DL' TYPE Y Up,,MET,PIC), PLEASE 49YISE MOGUL BASE IB AK TYPE jww IMP 0,05W k 94-557 SPring Ci ty Electrical Jlf o Co. PHONE ( 610) 948 -4000 SINCE 1843 HALL AND MAIN STREETS - P.D. DRAWER 19 - SPRING CITY, PA. 19475 FAX ( 610) 948 -5577 DESCRIPTION THE l'ILMET E LUMINAIA'E WITH EDGE'140, BALLAST 41199L CUSTOMER U7 DF SOUTH BEND, INDIANA J OB 117 DF SOUTH BEND, INDIANA SCALE DRAIN BY: DATE DRATING N0. 1/4'- 1' T, 0 MER 2- -7 -90 FIX -21992 oc A mad � cl ano &ql --VOW �XRA YV.AV V A A;ell VA A,A IWk-AL4U voo -1 � q \l Y en �Ivo lv- w LWA I A;ell VA A,A IWk-AL4U voo -1 � q \l t historic preservat i on comm issi p on of south bend and st. joseph county ROOM 1123 COUN'T'Y CITY BUILDING south bend, indiana 46601 (219) 235 -9798 Carl Littrell Division of Engineering Department of Public Works 13th Floor County -City Building South Bend, IN 46601 April 12, 1995 Dear Mr. Littrell: I am writing in regard to the Certificate of Appropriateness application filed by the Department of Public Works for the replacement of streetlights on Riverside Drive in the Riverside Drive Local Historic District. The work outlined in the - application is appropriate by the standards of the Historic Preservation Commission with the exception of one' item, the proposed removal of the only remaining original cast iron post in the Riverside Drive District. The streetlight at 916 Riverside Drive numbered 14 on the drawings attached to the application is a c.1915 Park View Streetlight Post manufactured by the George Cutter Company of South Bend. This streetlight has a historical significance to the Riverside Drive Streetscape and to the history of South Bend. I cannot allow the approval of its removal. My personal recommendation to the Historic Preservation Commission will be to deny this portion of the application. My second concern with the proposal was the retention of the removed poles and luminaires for use elsewhere in the City. I understand from the HPC staff that it is your intention to store these items, however this was not part of the Certificate of Appropriateness application. I intend to make their retention part of the approval of the application. I hope we are able to settle the issue of streetlighting in South Bend's Historic Districts in the interest of all parties as soon as possible. Sincerely, l7vvv L /7 . � awn J n H. Oxian, President Historic Preservation Commission JHO /caa �'J • _ 0 £ ° Q .�T " w r, 'p yv.Av �I -�yf' .'�- WA e J:Icl VA 014 Y4 Alm WJ �LV.A 1 - 441st 1rA dp K� •4 Ids ioU HMO �idg IV4-R --I . VY19 `l 9? r R " w r, 'p yv.Av �I -�yf' .'�- WA e J:Icl VA 014 Y4 Alm WJ �LV.A 1 - 441st 1rA dp K� •4 Ids ioU HMO �idg IV4-R --I . VY19 `l 4/17/95 RE: Streetlighting on Riverside Drive From: Message left by Tom Yarger, 916 Riverside Drive on HPC answering machine Mr. Tom Yarger of 916 Riverside Drive, South Bend is unable to attend the April 17, 1995 Historic Preservation Commission keeting, but asked if the HPC staff would convey to the Commissioners his opinion on the streetlight replacement on Riverside Drive. Mr. Yarger said he understood most of the proposed replacements would be an asset to the neighborhood, but he had a deep concern for the streetlight directly in front of his house, the George Cutter House. He felt as one of the original fixtures made by the George Cutter Company, this streetlight certainly fit into the Riverside Drive Historic District and it seemed most appropriate that it should be left in front of the George Cutter Home. He asked the Commission to consider these issues when determining the appropriateness of the application to replace streetlights on Riverside Drive. CAA 4/17/95 i historic preservation o commission p on of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219) 235 -9798 Carl Littrell Division of Engineering Department of Public Works 13th Floor County —City Building South Bend, IN 46601 April 12, 1995 Dear Mr. Littrell: I am writing in regard to the Certificate of Appropriateness application filed by the Department of Public Works for the replacement of streetlights on Riverside Drive in the Riverside Drive Local Historic District. The work outlined in the application is appropriate by the standards of the Historic Preservation Commission with the exception of one item, the proposed removal of the only remaining original cast iron post in the Riverside Drive District. The streetlight at 916 Riverside Drive numbered 14 on the drawings attached to the application is a c.1915 Park View Streetlight Post manufactured by the George Cutter Company of South Bend. This streetlight has a historical significance to the Riverside Drive Streetscape and to the history of South Bend. I cannot allow the approval of its removal. My personal recommendation to the Historic Preservation Commission will be to deny this portion of the application. My second concern with the proposal was the retention of the removed poles and luminaires for use elsewhere in the City. I understand from the HPC staff that it is your intention to store these items, however this was not part of the Certificate of Appropriateness application. I intend to make their retention part of the approval of the application. I hope we are able to settle the issue of streetlighting in South Bend's Historic Districts in the interest of all parties as soon as possible. Sincerely, J n Ii. Oxian, President Historic Preservation Commission JHO f caa CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 221 Hammond Place South Bend, IN OWNER -- Robert & Barbara Names DESIGNATION -- RB- LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT This Gabled -Ell house was built c. 1895. It has been majority altered by the addition of aluminum siding, enclosure of the front porch, and a 15'X 12' addition to the rear of the house c.1960. The house is rated N/C in the Indiana Historic Sites and Structures Survey. PROPOSED CHANGE The owners propose to fence in the rear of the property (see plan) with a 6' privacy fence of 1x4 dog - ear in 8' sections, install a new gate on the west side of the house, and relocate the chain -link kennel from the rear of the house to the Northeast corner of the lot. The installation of the fence requires the removal of a tree at the rear property line. STANDARDS I.B. Building Site and Landscaping ...Greater latitude will be allowed in the application of the adopted standards in the rear of the properties in order to accommodate the individual preferences of property owners in the treatment of backyard areas. I.B.1. Required - ...Trees which reflect the properties history and development shall be retained. I.B.3. Prohibited No changes may be made to the appearance of the site by removing trees ... before evaluating their importance to the property's history and development. I.B.2.Recommended - New site work should be based upon actual knowledge found in photographs, drawings, and newspapers. New site work should be appropriate to existing surrounding site elements in scale, type, and appearance. RECOMMENDATION The proposed fencing changes conform to the standards for the River Bend Historic District. The tree to be removed is growing adjacent to a utility pole. It appears to have been trimmed drastically several times probably due to its interference in the utility lines. As a result, the branches growing from the main trunk are thin and give the tree a very unnatural shape. Its removal would not be detrimental to the property. Staff recommends approval of the application. CAA 4/11/95 rev. 4/17/95 V 13 . I i i L L • CTARA%orc 0 s� L t 147 X "TIM 4T y 4/ 4 4 g at Haw arAte r- fto A& J•w. �RLIS H4 FR6443-r CIF PeAce F-STUKA.T t I �z K%: I Minutes of the Regular Meeting of the Historic Preservation Commission Regular Monthly Meeting 7th Floor County Commissioner's 7:30 p.m. Conference Room, County -City Building January 16, 1995 I. Call to Order The meeting was called to order at 7:35 P.M. II. Roll Call Members present: Mrs. Catherine Hostetler, Mr. John Oxian, Ms. Jewel Van Dalsen, Mrs. Janeanne Petrass, Mr. Jed Bide, Mr. Jerry Weiner, Father Richard Bullene as Architectural Historian. Staff present: Mrs. Aladean DeRose - Legal Counsel, Mr. David Duvall - Director and Ms. Christine Anderson - Administrative Assistant. Members Absent: Ms. Lora Spaulding and Mrs. Joann Sporleder (Leave of Absence), and Mrs. Martha Choitz. Also present: Marsha Stevenson, John & Nola Mynsberge, and Ed Talley. III. Public Hearing A. Certificates of Appropriateness 1. 1840 Kessler Blvd. -- LL -- Driveway replacement and widening Ms. Anderson read the staff report. President Oxian asked the owners if they had anything to present. Mr. Mynsberge discussed the difficulties of backing out of such a narrow driveway. He mentioned the apron on the driveway would most likely be replaced as well because it is a lower grade than the street. Commissioner Bullene inquired if Mr. Mynsberge intended to change the dimensions of the apron or just raise the grade. Mr. Mynsberge stated they would just resurface the apron. Commissioner Eide moved the Certificate of Appropriateness for 1840 Kessler Blvd. be approved. Commissioner Hostetler seconded the motion. The motion passed unanimouslv.- IV. Regular Business A. Approval of Minutes B. Treasurer's Report C. Correspondence Mr. Duvall reported on a questionnaire received from the National Alliance of Historic Preservation Commissions regarding Americans with Disabilities Act. Mr. Duvall welcomed the Commissioners to discuss the subject with him if they wished to add any information to the questionnaire. He asked for specific input on a question asking what building review for ADA had been found to be the most challenging. Mr. Duvall reported receiving a request from the County Board of Commissioners for a' departmental report for the purpose of the State of the COunty Address. Mr. Duvall reported on a request from the YWCA for nominations for their Women of the year award. III D. Committee Reports 1. Budget and Finance 2. Legal Mrs. DeRose reported regarding last months request by the Near Northwest I Neighborhood for sponsorship of their workshop series. She stated in her opinion there was some liability exposure, but as long as the Commission was satisfied the NNN had ample coverage and some kind of provision for waiver by participants, she saw no reason that the Commission could not sponsor the workshops. Mrs. DeRose reported that at the last Common Council Meeting, Common Council Member Cleo Washington raised an objection to the designation of 310 West Monroe as a Local Landmark based on the definition of Historic Landmark being part of a Historic Preservation Plan that had been approved by the Common Council and Area Plan Commission. She noted on that basis, he suggested there be no vote on landmarking structures until the Common Council was satisfied such a plan existed. Mrs. DeRose said she had found a reference to a plan in the Indiana Statute that gives local governments the power to create Historic Preservation Commissions. She stated the statutory definition of a plan was difficult to interpret. She mentioned one interpretation of a plan is an unfolding thing that changes each time a landmark is created. She added another interpretation would be whenever you create a landmark the plan is amended. She said at this point she had no definitive answer to offer. President Oxian reported the landmarking of two other structures was tabled, but 1601 Kemble (Toth Bank) went through. He noted according to the Legal Counsel for the Council, as long as there was owner consent or no owner objection, the landmarking could be passed. President Oxian suggested sending a copy of the survey report and the approaches to setting up landmarks and historic districts to the Common Council to serve as a plan. Legal Council DeRose noted another possibility was to contact other Commissions adopted pursuant to the 1977 Indiana Legislative Act where there is clearly a reference to a plan. President Oxian said at first the objection of Council Member Washington was based on owner consent, but Mr. Washington was told owner consent could not be used as a basis to turn down landmarking a structure. President Oxian reported at that point Council Member Washington brought up the necessity of a plan. Legal Council DeRose agreed with President Oxian that the survey responded to the question of what buildings are candidates for landmark status. Mr. Duvall inquired if the action at Council level would be dependent on the Council's Legal Counsel. Mrs. DeRose noted she had been contacted by the Common Council's Legal Counsel, but had not understood that this matter was to be decided by the lawyers. Mr. Duvall reported his understanding was the Committee Members felt the matter could not move forward without the clarification of the legal issue and the Legal Counsel was not prepared to give an opinion without studying the issue. President Oxian noted Council's Legal Counsel did give the opinion that when the owner consents or does not respond negatively, the structure should not be prevented from becoming a landmark. Legal Counsel DeRose explained her opinion that if the Council passed a landmark without settling the legal question, then they had waived the issue of the plan being a prerequisite. She said she would research the matter and report to the Commission by the Common Council meeting in February. Mrs. DeRose suggested President Oxian's idea of submitting the survey book and the HPC procedure for creating Local Landmarks and Districts be followed through. Mr. Ed Talley inquired if the Common Council adopted the survey book as the Preservation Plan, would they have to approved it every time a change was made. President Oxian replied negatively and added that it would be stated that any structure rated 10 or higher in the survey has the potential to be a landmark if it fulfills the criteria. '16 3. Historic Districts Mr. Duvall reported the Lincolnway West Steering Committee had been working on refining the design guidelines and leg work was being done to arrange the public meetings to make property owners aware of the district. 4. Historic Landmarks a. First Reading None. b. Second Reading .None. c. Status of Recommendations to Council President Oxian reported 310 West Monroe, 534 LaPorte, and 320 West Jefferson had been tabled until the second week in February and 1601 Kemble had been passed by the Common Council. 5. Standards and Maintenance President Oxian inquired how the staff was progressing on the issue of enforcement for COA. Ms. Anderson reported she had received a called from Don Orban of the Fort Wayne Commission who reported similar problems and welcomed any solutions the Historic Preservation Commission of South Bend might discover. Mr. Duvall said he had been scrutinizing the ordinance and come up with some ideas he wished to discuss with Mrs. DeRose. He reported the Commission may be able to put stop work orders on projects that don't require a permit. He also reported regarding the Building Department's after the fact zoning issues, the fee is multiplied by three. He said he needed Legal opinion on whether this was a possibility for the HPC and would get together with Mrs. DeRose to discuss these Enforcement issues. Mr. Talley inquired where the funds would go. Mr. Duvall explained the COA application fees go to the County. A discussion on funding of the HPC ensued. 6.Personnel No report 7. Staff Reports a. C of A Staff Approvals 1. 701 Portage Avenue -- LL Grade and in -kind replacement of driveway 2. 1045 Riverside Drive -- RSD -LHD in -kind replacement of siding, foundation repointing, and straightening porch columns. 8. Nominating Committee Commissioner Van Dalsen reported the nominations for HPC officers: John Oxian, President; Catherine Hostetler, Vice - President; Treasurer, Jerry Wiener: Secretary, Janeanne Petrass. Commissioner Wiener seconded the nominations. The nominations passed unanimously. V. Old Business Mr. Duvall reviewed the Near Northwest Neighborhood Inc. workshop proposal and reported he had received assurance of NNN's liability coverage. He noted at this time there was no assurance of the waiver of liability that Mrs. DeRose had recommended. Mrs. DeRose said she would ask NNN to name the Commission as insured and notify the insurance company. She explained the waiver she had suggested may be found invalid by a court, but at least it would be a starting point in case of a law suit. A discussion was held regarding what houses were to be used for the project. President Oxian called for a motion. Commissioner Eide inquired what the Commission's sponsorship involved. President Oxian reported it was the Commission name only, there was no financial sponsorship. Commissioner Weiner inquired if the projects were historic preservation oriented. He noted the Commission would not want to have its name involved 1 with something such as synthetic siding a house. Ms. Anderson reported the letter received from NNN stated the workshops were aimed at teaching skills to rehabilitate homes that would respect the original character of the house. Commissioner Petrass inquired if the workshops were open to anyone. Commissioner Wiener said he had seen projects like this before that were well done, but he would hate to have the Commission put its stamp on something that was not historic preservation. Commissioner Bullene responded if sympathetic to historic preservation, the workshops seemed like an opportunity to tell ordinary people historic preservation is not something for the upper class, that it is an ordinary thing that everyone can participate in. Commissioner Wiener moved the Commission be a sponsor in the NNN workshop proiect provided the items on their agenda are sensitive to historic preservation. Commissioner Petrass seconded the motion. Legal Counsel DeRose inquired how this was to be implemented. Mr. Duvall read some of the possible topics listed in the letter from Near Northwest Neighborhood Inc. Mrs. DeRose suggested when reporting to NNN on the sponsorship of their program by the Commission, it should be made clear that it is a conditional sponsorship and that topics should be approved by the HPC first. Mr. Duvall said it seemed easy to withdraw sponsorship upon the observation of something inappropriate. Mr. Talley inquired if the sponsorship was necessary for grant monies. Mr. Duvall indicated his belief it was merely for public relations. The motion passed 6 -0 with President Oxian abstaining. VI. New Business President Oxian noted having skipped the approval of the December. Minutes under the Commission's regular business. President Oxian had a correction concerning the National Register Nomination of the Stephenson Mill. Commissioner Hostetler moved the Minutes be approved with corrections. Commissioner Van Dalsen seconded the motion. The motion passed unanimously. President Oxian asked if there was a treasurer's report. Commissioner Weiner said he would have a report next month. Mr. Duvall noted the Commission should be hearing in the end of January about the grant applications made to the state in October. Mr. Duvall asked to report on 114 Frances Street. He reported the change of zoning was approved by the Common Council and the Commission had received an opportunity to search for a party to move the structure before it was demolished. He stated a notice of availability would be published in next months Southhold news letter. He reported he had made efforts to locate an appropriate sight for relocation so if any inquires were made, the Commission would have a packet of information to distribute. Mr. Talley inquired what the cost of moving would be. Commissioner Wiener estimated $20,000. Mr. Duvall noted there were many variables but he would agree. Mr. Talley inquired if there would be any funding from Economic Development. Mr. Duvall reported the only possible connection that had been identified would be if one of the families that is to be relocated from the Sample Street Redevelopment Area would be desirous of one of the feasible locations, possibly some of that relocation money could be used. Commissioner Wiener noted the City may have available land that could be donated to a not - for - profit acting as a pass through for the property. President Oxian noted a person could move and sell the house and still be financially ahead because of the high property values in the area. VII. Hearing of visitors Mr. Talley inquired if the Commission was aware of the Army Corp of Engineers report stating the Riverside Drive Local Historic District Area and the North end of the Chapin Park National Register District had one to five years before houses begin to slide down the bank and major structural damage occurs to the 1 streets and sewers. Mr. Talley suggested the Commission write a letter of support for the City to continue to the next phase of the project. Mr. Duvall noted one of the grant proposals that the Commission had sent to the state was for a study of the erosion problem in the Riverside Drive Area. Mr. Talley reported on the erosion conditions he had noted in Shet:terley Park. President Oxian suggested the Commission wait to see what happened with the grant. Mr. Talley noted the issued needed to be addressed prior to the 1996 City budget. VIII. Announcements Mr. Duvall noted a public meeting regarding the Darden Bridge to be held Tuesday, January 17, 1995 at 7:00 p.m. in the Health and Hospital Building. IX. Adjournment President Oxian adjourned the meeting at 8:40. Minutes of the r n of the �g `O �e 2�0rf Historic Preservation Commission Regular Monthly Meeting 7th Floor County Commissioner's 7:30 p.m. Conference Room, County -City Building February 2.7, 1995 I. Call to Order The meeting was called to order at 7:45 p.m. President Oxian announced that due to a lack of a quorum, the Commission would hear the property owners present and make a recommendation to the full Commission for a vote either at the next regular monthly meeting or at a special meeting. II. Roll Call Members present: Mrs. Catherine Hostetler, Mr. John Oxian, Ms. Jewel Van Dalsen, and Mrs. Janeanne Petrass. Staff present: Mrs. Aladean DeRose - Legal Counsel, Mr. David Duvall - Director and Ms. Christine Anderson - Administrative Assistant. Members Absent: Mr. Jed Eide, Mr. Jerry Weiner, Father Richard Bullene, Mrs. Jdann Sporleder (Leave of Absence), and Mrs. Martha Choitz. Also present: Marsha Stevenson, Kim Pummill, Mary Hendriksen, Andrew Greta, Marty Murphy, Kevin Boughal, Kathy Dempsey, and Ed Talley. III. Public Hearing A. Certificates of Appropriateness 1. 1077 Riverside Drive -- RSD - LHD -- Landscape Ms. Anderson read the staff report. Mrs. Hendriksen noted she had trouble finding an appropriate replacement light fixture, but was still looking. Mr. Talley inquired if there had been any changes to the minutes from the November 21 meeting of the Commission. President Oxian replied affirmatively. He noted the motion concerning the COA had been inserted verbatim into the minutes. Mr. Talley inquired if the Commission had withdrawn the portion of the motion that included the directive no work was to proceed on plant material. Mr. Talley stated his belief that the motion had included the direction that planting materials would not be addressed until both property owners had completed a survey. President Oxian replied that even if the motion did include that directive, it would only address the property line area and the proposal for work at 1077 Riverside Drive did not involve plant material on the property in dispute. Mr. Duvall stated his recollection of the motion was that no landscaping work would be done without a COA. Mrs. Hostetler recalled the motion including the need for a survey. President Oxian said the minutes Mr. Talley received had been corrected at the December meeting to include the motion as stated verbatim by Mrs. Choitz. Mr. Talley noted that he had not been made aware of any changes and wanted to advise the Commission that the owners of 1077 RSD and 1081 RSD had met to discuss the property dispute. At that meeting the owners of 1081 requested the landscape material to be relocated be tagged. Mr. Talley stated he believed some of the proposed landscape changes may be on areas still in dispute. Mr. Talley advised the Commission that they may have a problem with common property law. Mrs. DeRose interjected that she did not belief the Commission would have a problem with the property line. She stated that if the Commission approves a COA that is in keeping with the requirements of historic preservation and it turns out later that the changes are on a disputed property line, the dispute would be Petween the property owners. Mr. Talley asked that the COA be put into committee. President Oxian replied it already was. He elaborated that this was not a formal meeting due to a lack of a quorum and that he would not put the issue to Committee unless it was put to Committee at the formal hearing. Mr. Talley stated that the owners of 1081 Riverside Drive were under the impression that some of the plantings in question were on their property and they would take whatever legal action they could to stand in the way of the execution of the COA if it is approved. President Oxian inquired of Mrs. Hendriksen what planting were on the property line. Mrs. Hendriksen stated that according to the stakes put up by Mr. Talley's surveyor, the proposed changes were all on the side of 1077 Riverside Drive. She added her understanding at the meeting with the owners of 1081 Riverside Drive was they approved of the changes she had proposed. Mrs. DeRose said it appeared at least two of the proposed items had nothing to do with the property line and the two that possibly could be disputed would be disputed at the owners sufferance. Mrs. DeRose stated if the COA was approved and the owner took the action and the work turned out to be on the neighboring property, it was a private dispute. Mr. Talley said he did not dispute Counsel, but he was under the impression after the November Commission meeting that the Commission had made some strong recommendations requiring 1081 to seek further legal counsel which has resulted in $4,500 fees to date. He reported the owners of 1081 were not advised of any changes to the ruling of the Commission and have incurred additional expenses operating under the impression that no landscaping was to be addressed without both property owners having a survey. Mrs. DeRose indicated even from a reading of the first minutes the point was that any landscape changes by either party required a COA. She added a further refinement of that was that any change of landscaping on a disputed property line would involve a survey or something to resolve the differences of the owners. Mrs. DeRose stated the Commission was trying to tell the property owners that it cannot become involved in property line disputes. Mr. Talley interjected that the Commission had become involved. Mrs. DeRose said the Commissions involvement was only to the extent of saying if the COA involves a property line dispute the owners would need to get their evidence to determine the property line. Mr. Talley agreed and added that 1081 had indeed presented that information as a preliminary survey. Mr. Talley restated the belief that the COA proposal was for plant material involved in the disputed property. Mrs. DeRose said if the Commission approved landscape changes, even on a disputed boundary line, all the COA said was this was a historically appropriate change. Mr. Talley stated the owners of 1081 were mandated to make changes to their COA of November 1994 based upon testimony given by the owners of 1077 Riverside Drive which he believed to be perjured information. He added 1081 Riverside Drive had never been advised of changes made to the directives issued by the Commission. IIe said Counsel's statement that Commission rulings were based upon historical appropriateness was shown to be inaccurate when looking at the requirements made for the COA for 1081 Riverside Drive. He noted that they were required to make changes in their COA based on the property line dispute and alleged damage to trees. Mrs. DeRose questioned if Mr. Talley's proposal had been for the removal of trees or shrubbery. Mr. Talley replied negatively. fie reported due to property line question raised by the owners of 1077 Riverside Drive, the owners of 1081 had a survey done. The surveyor determined there was plant material overhanging or on the property line. Plant material was not addressed in the COA application made by 1081 Riverside Drive, however the owners of 1077 brought up the issue at the Commission meeting and the Commission made a judgment on the COA based on that information. Mr. Talley noted the objection of the owners of 1081 Riverside Drive was only to the plant material which may be in the area of the property line dispute. Mrs. DeRose inquired what items might be in question according to the owners of 1081 Riverside Drive. Mr. Talley noted the request had been made by the owners of 1081 that the plant material involved in the COA application be tagged. Mrs. DeRose noted there was only one proposed change that could be involved in the property line area. Mr. Duvall stated he believed items 1 and 2 were in question (Transplant a rhododendron from the rear of the garage to area of dying rhododendron near screened porch and remove sapling that is interfering with the dogwood.) Mr. Talley noted what items the owners of 1081 Riverside Drive objected to. President Oxian stated if Mr. Talley had stated earlier what specifically he objected to, the Committee would not have to had this long discussion. President Oxian said Mr. Talley's time was up and he intended to hear from Mrs. Hendriksen. Mrs. DeRose said President Oxian did have the power to set time limits. President Oxian asked to hear from Mrs. Hendriksen. Mrs. Hendriksen noted neither she nor her husband perjured themselves and that the trees had indeed been tagged for three days. She added the stakes placed by Mr. Talley's survey indicated that none of the proposed changes for 1077 Riverside Drive involved plants on the property line. She stated the plantings were approximately 2 feet from the line. President Oxian made the motion that the only items to be given a recommendation would be 1,2, and 5 because they were not under dispute. Mr. Duvall asked for clarification because the numbers in the staff report did not correspond with the numbers to which Mr. Talley was referring. Mrs. Hostetler asked for clarification on item 4 concerning the hemlock tree. She was informed the tree was on the other side of the property and was not in dispute. Mr. Talley said items 2 and 3 would be involved in the disputed area. President Oxian moved a favorable recommendation be given to items 1.4. and 5 and items 2 and 3 be postponed. The Committee voted unanimouslv in favor. Mrs. DeRose recommended in the interest of getting this resolved the owners should try to work out whether they could agreed to items 2 and 3. 2. 621 Lincolnway East - - EP -LHD -- Front porch Ms. Anderson read the staff report. President Oxian noted this was the second time this issue had been before the Commission. Ms. Pummill stated the last time her father wanted to replace the porch with a different porch but she could not get funding. Ms. Pummill reported now she just wanted to replace what needed to be replaced to meet Code Enforcement standards. President Oxian asked if Ms. Pummill had a written plan. Ms. Pummill replied negatively. President Oxian noted the standards of Code Enforcement were secondary to HPC standards and therefore would have to be fulfilled by a plan approved by the Conmiission. President Oxian asked that Ms. Pummill give the staff specific plans otherwise he would recommend some action be taken. He said :A plan could simply state what items were to be replaced in a specific way. He said this plan must be to the HPC staff before March 9, 1995 so the staff was prepared for the Code Enforcement hearing. President Oxian informed Ms. Pummill if she fulfilled HPC requirements, she would be fulfilling Code Enforcement requirements. No recommendation was made. IV. Regular Business A. Approval of Minutes — No Quorum B. Treasurers Report C. Correspondence Mr. Duvall reported on a item received from the Department of Interior National Park Service on National Register Bulletins dealing with use of the National Register after a property has been listed. He reported the NPS was soliciting case studies of interesting uses of the National Register. He asked that if any Commissioners were aware of specific interesting uses to notify staff. Mr. Duvall reported on an brochure from the NPS called Accessibility and Historic Preservation. Mr. Duvall reported on a solicitation from the National Trust for Historic Preservation for 1995 National Preservation Honor Awards nominations. He asked that Commissioners give nominations to the staff to be forwarded to the National Trust. D. Committee Reports 1. Budget and Finance 2. Legal Mrs. DeRose reported regarding the request from Common Council for a Historic Preservation Plan. She reported the attorneys from the Common Council and the HPC had met with members of both groups to resolve what appeared to be a dispute or misunderstanding on how the Commission functions and what the prerequisites for creating a landmark are. Mrs. DeRose recalled that she had informed the Common Council the Commission had submitted a Preservation Plan. She noted the plan had been in effect de facto since 1975 and formally sent to the Common Council in 1985. Mrs. DeRose reported the Common Council's attorney believed something more formal needed to be done to recognize the plan and consider it being in place for any future landmarks. She reported this was to be discussed further. Mrs. DeRose noted another problem the Common Council asked to be addressed was the issue of notice for owners when a landmark is to designated. She explained the Common Council would like to see an ordinance to provide for notice whereas she felt it could be done internally by procedures within the Commission. President Oxian stated he had suggested at the meeting that the old Preservation Plan book would be kept but updated. He said according to the Council Members, this would be satisfactory. President Oxian discussed a second issue brought up by Council involving the simplification of the report sent down to the Council concerning landmarks. He said the new format would include a check list of qualifications and the name of the contact person from the owner or owners. President Oxian noted besides the updated Plan book, the Council Members wanted a copy of the survey summary report. He explained he had asked that the next meeting be postponed until the book was up to date. Mrs. DeRose said she had understood they acknowledged the HPC had a plan, but the hang -up was it had not been formally adopted. President Oxian said the updated plan would be adopted by ordinance. Mrs. DeRose inquired if there still was a dispute over the issue of notice. Mr. Duvall reported it was more a dispute over the documentation of notice. 3. Historic Districts No report. 4. Historic Landmarks a. First Reading None. b. Second Reading None. c. Status of Recommendations to Council President Oxian reported 310 West Monroe and 534 LaPorte had been tabled and 320 West Jefferson had been withdrawn at the last Common Council meeting. He reported the withdraw had been at the request of the Council due to a dispute over whether the building had been sold. 5. and Maintenance 6.Personnel Mrs. DeRose noted a copy of the Employment Contract for Ms. Anderson needed to be sent to the County Commissioners. 7. Staff Reports a. C of A Staff Approvals- none b. DHPA Grants - Mr. Duvall reported tentative approval for the St. Casimers National Register Historic District Nomination grant, the South Bend Brewing Association National Register Nomination grant, the Northern Indiana College /South Bend Chilled Plow building National Register Nomination grant, the North Pumping Station National Register Nomination grant, and the study of economic benefits of historic preservation in South Bend grant. Two of the applications made were denied, those being the stabilization of Riverside Drive bank study and the Archaeological survey of the Hardy Manuel Log House. In regard to the Riverside Drive bank, Mr. Duvall reported seeking other sources of funding including ISTEA, which unfortunately disallowed erosion control as a use of that funding. He reported also seeking funding from the St. Joseph River Commission. With regard to the Hardy Manuel Log House, Mr. Duvall noted a meeting will be held February 28 at Historic Landmarks Foundation regarding a less ambitious study for an archaeological study through Notre Dame. c. 114 Francis Street Mr. Duvall reported the building had been advertised and considerable interest had been shown. He noted one individual had more or less been placed first on the list for purchase of the building in negotiation with the clinic. d. Oliver School Mr. Duvall reported the prior purchase of the school had been withdrawn and the school has been offered on the market again. The information packets and feasibility study have been circulated through Economic Redevelopment and Historic Landmarks Foundation. e. Erskine Golfcourse Clubhouse Mr. Duvall reported that this S 111 building has been advertised for bid for remodeling and window replacement. He noted it is not a landmark building and the Commission has no oversight, but he did look at the plans. Mr. Duvall said the proposed windows are vinyl replacements and the proposed deck addition on the rear of the structure was very sketchy, the plan only including railing height and spacing of the balusters. f. Southeast Redevelopment Area Ms. Anderson reported the HPC staff had seen a tentative plan for this area which included a park area, school grounds, and a 10 -15 lot area to which some houses from the redevelopment area could be moved. She stated a list generated by the HPC staff of possible house moves had been sent to SEQUOL (Southeast Quality Of Life), Economic Development, and City Planning offices. Ms. Anderson reported a meeting is to be held with property owners in the area and HPC staff will attend to advise what houses the Commission would like to see moved. Commissioner Petrass inquired about some new construction she had noted on Fellows Street. She was informed that this was housing by South Bend; Heritage Foundation. Mr. Duvall noted another interesting facet of the proposed plan was for the landmark farmhouse at 701 Pennsylvania to be placed in the context of a park. The house may be used as a community center. g. 702 North Lafayette Mr. Duvall reported this house is a brick four - square which is owned by Memorial hospital and is available for a house move. A discussion of where the house is located ensued. V. Old Business A. 1244 Lincolnway East President Oxian inquired of Mrs. Dempsey if she wanted to hear the COA application or put it off since no decision could be made. President Oxian said he felt it was more appropriate to have the whole Commission present since this was an application for demolition. Mrs. Dempsey inquired if a decision could not be made this evening, would the application not be heard until next month. President Oxian replied that he could call a special meeting if that was desired. Mr. Duvall noted the next Commission meeting would be in three weeks. Mrs. Dempsey asked if her presence would be required at a special meeting. President Oxian advised that she attend. Mrs. Dempsey stated her biggest fear was that there may be a tragedy involving this building if something is not done soon. She mentioned several incidence of break -ins and noted each storm brings more damage to the structure. Mrs. Dempsey noted if she got approval from the COmmission for demolition, she still would have four weeks of paperwork and notifications before the demolition could actually occur. President Oxian asked the staff to schedule a special meeting. Mr. Duvall inquired of Mrs. DeRose what would be required for the Commissions notification procedure. Mrs. DeRose indicated the owner had been notified for this meeting and had chosen not to attend. She suggested notifying the owner of the new meeting, but essentially by not attending the regular meeting this evening, he had waived notice of any further meetings. President Oxian requested if anyone in attendance wanted to be notified they should indicate that desire on the sign -in sheet. Mr. Millea inquired if the owner had indicated to the Commission what his intention with the building. President Oxian replied the Commission last heard from Dr. Klopfer that his intention was to repair the house. Since then, President Oxian said, the Commission had been contacted by people interested in purchasing the property, but no sale had gone through that the Commission was aware of. Mr. Greta said that it seemed clear the owners intention was to do nothing. Mr. Greta commented the Commission had been very generous in allowing Dr.. Klopfer time and resources to get the job accomplished, but he agreed with Mrs. Dempsey that this needed to be taken care of. VI. New Business A. Copy Machine Policy Ms. Anderson read the staff request for the implementation of a copy machine policy. Commissioner Petrass moved a favorable recommendation be Qiven to the Proposal. Commissioner Van Dalsen seconded the motion. The motion passed unanimously. B. Committee Assignments President Oxian gave the 1995 Committee assignments as follows: Executive Committee- President -John Oxian, Vice President - Catherine Hostetler, Secretary -Jane Anne Petrass, Treasurer -Jerry Weiner. Historic Districts- Co - chair Martha Choitz and Catherine Hostetler, John Oxian, Janeanne Petrass. Landmarks- Chair -John Oxian, Jewel Van Dalsen, and Janeanne Petrass. Budget and Finance- Chair- Jerry Weiner, John Oxlan Legal- Chair- John Oxian, Catherine Hostetler Standards and Maintenance- Co chair- Joann Sporleder and Jewel Van Dalsen, Martha Choitz, Janeanne Petrass, and Jerry Weiner. He noted the Commission will be getting two new members, so there would be additions made to Committees. He asked if any Commissioners desired a change in their Committee assignments to inform him. VII. Hearing of visitors None. VIII. Announcements None IX. Adjournment President Oxian adjourned the meeting at 8:55. t. Minutes of the Special Meeting of the Historic Preservation Commission Special Hearing 7th Floor County Commissioner's 4:00 p.m. Conference Room, County -City Building March 7, 1995 I. Call to Order The meeting was called to order at 4:00 p.m. II. Roll Call Members present: Mrs. Catherine Hostetler, Mr. John Oxian, Ms. Jewel Van Dalsen, Mrs. Janeanne Petrass, Mr. Jed Eide, Father Richard Bullene. Staff present: Mrs. Aladean DeRose - Legal Counsel, Mr. David Duvall - Director and Ms. Christine Anderson - Administrative Assistant. Members Absent: Mr. Jerry Weiner, Mrs. Joann Sporleder (Leave of Absence), and Mrs. Martha Choitz. Also present: Joe MacHatton, Andrew Greta, Kevin Boughal, Kathy Dempsey, and Kenny Kent. III. Public Hearing A. Certificates of Appropriateness 1. 621 Lincolrway East -- EP -LHD -- Porch Repair Mr. Joseph MacHatton informed the Commission he was the owner of 621 Lincolnway East due to reacquiring the building from Kim Pummill, land contract purchaser. He asked that the COA be tabled until he had time to inspect the porch to see what type of repairs were necessary. President Oxian inquired if Mr. MacHatton would be able to have a plan for the Commission by the third Monday in March. Mr. MacHatton said he felt he needed to get together with Mr. Duvall to discuss the matter and that he was not sure when he would be able to do the work. Mr. Duvall stated he believed a new application would need to be filed by the new owner. President Oxian suggested the COA application be withdrawn and Mr. MacHatton could reapply. Commissioner Petrass moved that the COA application be withdrawn and a new application be filed by the new owner. Commissioner Hostetler seconded the motion. The motion Passed unanimouslv. 2. 1077 Riverside Drive - - EP -LHD-- Landscaping and light replacement Ms. Anderson read the staff report and the Committee recommendation. President Oxian asked for Legal Counsel DeRoses opinion. She recommended since the parties involved were not in.attendance the Commission should vote as the Committee recommended. Commissioner Bullene inquired why two items were to be tabled. Mrs. DeRose explained the property dispute that was the cause of the items being tabled. Commissioner Petrass inquired if there was a way to get a definitive answer on the property boundary. Mrs. DeRose said she did not believe that was necessary for the Commission to make a determination on whether the proposed changes were appropriate. Mr. Duvall noted the issue that caused the problem was an agreement between the parties that the landscape material to be moved would be tagged. Mr. Duvall explained the plant material was tagged but due to climatic circumstances the tags did not last very long, but the plants have again been tagged. Commissioner Hostetler moved proposed items 1. 2. and 5 be annroved and items 2 and 3 be tabled until the next hearing. Commissioner Petrass seconded the motion. The motion passed c Y unanimously. 3. Copy machine policy Ms. Anderson read the staff request for a copy machine policy and gave the report of the Committee's recommendation. President Oxian asked for a vote on the Committee's recommendation. The motion passed unanimouslv. 4. 1244 Lincolnway East -- LWE -LHD - Demolition Mr. Duvall read the Staff report. Mrs. Kathy Dempsey, Director of the Department of Code Enforcement presented Code Enforcements history of the property. Most significant to Mrs. Dempsey was the attractive nuisance the building presented to children and vagrants. She explained all the possible receivers for the building had fallen through not because the costs were prohibitive, but because the ownership was such a problem. She commended the Commission's attempts at salvaging the building, but stated in her opinion, no stones were left unturned and she respectfully requested the approval of the COA for demolition. Mr. Kenny Kent, owner of 1234 -1236 Lincolnway East addressed the Commission. Mr. Kent inquired if the Commission had any direct contact with Dr. Klopfer. President Oxian explained each time the Staff contacted Dr. Klopfer he had stated his intention to save the building. Commissioner Hostetler noted that Dr. Klopfer had stated his intention was to restore the house and that was the assumption the Commission had been operating under. She noted Dr. Klopfer had gone so far as to ask permission to put temporary storage structures on the site for the repair of his building. Mr. Kent inquired if the whole thing was a smoke screen, because his understanding was if the building was torn down, there would be a lawsuit against the City. President Oxian stated in his opinion, the owner was desirous of demolition and a lawsuit with the City. Mr. Kent agreed with Code Enforcement that the building was a hazard, but he was concerned with what would happen after the building was torn down. Mr. Kent inquired if the Commission had enough teeth to prevent Dr. Klopfer from constructing something the neighbors would not want in their neighborhood. Commissioner Hostetler said she believed that would be a zoning issue. Mr. Kent replied the zoning in the neighborhood was "B" residential which outlawed commercial uses except medical offices. Mrs. Dempsey concurred. Mr. Duvall stated other uses that were not strictly commercial uses such as fraternity houses or clubs were allowed. Mr. Kent inquired if the Commission would be able to prevent Dr. Klopfer from constructing anything he wanted on the site. President Oxian said anything that was to be built on the site would have to be approved by the Commission. Commissioner Bullene noted the only concerns of the Commission would be the exterior of the structure and landscaping issues. He noted the Commission could make no judgments on the use of the site. Commissioner Bullene said it maybe the only thing stopping Dr. Klopfer from building a medical office on the site is the existing structure. Mrs. DeRose explained he could use the present structure for a medical office if he so desired. President Oxian inquired if the Commission could take him to court for violating the Commission's Maintenance Ordinance. Mrs. DeRose said that is what Code Enforcement had done. President Oxian inquired if it could be pursued in a higher court. Mrs. Dempsey said even if that happened, Dr. Klopfer may incur a Civil Penalty, but it would not result in the property getting repaired. Commissioner Bullene inquired who would pay for the demolition. Mrs. Dempsey responded that the City would and they would seek collection of the demolition costs from Dr. Klopfer. Commissioner Bullene inquired if the owner failed, did the City seize the property. Mrs. Dempsey replied they could foreclose on the property. Commissioner Bullene inquired if the City could repair the property and then seek the cost of repair from the owner. Mrs. Dempsey said that basically was the receivership program, but the City did not have the funds for this property. Commissioner Petrass inquired if the unpaid debts would prevent the owner from building a new structure. Mrs. Dempsey replied negatively. Mr. Kent inquired if the Commission could prevent Dr. Klopfer from getting a building permit President Oxian explained if the Commission denied a COA or if no COA was filed, the owner could not get any permits. Mrs. DeRose said if the new construction appeared historically appropriate, the Commission could incur a lawsuit if it denied a COA. Mr. Kent inquired if the Internal Revenue Service Building was historically appropriate. A discussion of the IRS Building ensued. Mr. Kent inquired if Dr. Klopfer would be allowed to put the IRS structure on his lot. President Oxian said he believed that would be considered inappropriate. Commissioner Hostetler explained Dr. Klopfer could put whatever he wanted in a Queen Anne style building. Mr. Andrew Greta, 1232 Lincolnway East noted there was nothing to prevent Dr. Klopfer from putting in a clinic now if he got a COA. Mr. Greta said he felt it was important to keep the issue of new construction separate from the issue that was before the Commission which was the demolition of an unsafe structure. Mr. Kent agreed with Mr. Greta that the structure needed to come - down, but he was concerned what would be the consequence of the Commission approving the demolition of the structure. President Oxian stated if Dr. Klopfer's intention was to demolish the building by neglect and not have to pay for the demolition until he tried to sell the property, he would have accomplished that, and if Dr. Klopfer's intention was to build a bigger building, he has accomplished that because if the current building is torn down that opens the property up to any structure that is appropriate by Commission standards. Commissioner Bullene noted the residual affect on historic preservation was another lost structure and the Commission demonstrating they had no recourse against demolition by neglect. Mr. Greta agreed and elaborated that property owners could do what they wanted and the Commission could do nothing to stop it. Mrs. DeRose disagreed. She said the Commission has enacted standards that require a property owner to maintain their property to certain standards. Mr. Greta inquired what the Commission had done to resolve this problem. Mrs. DeRose replied the Commission had obtained Dr. Klopfer's approval for repairs on the building and the Commission took him at his word that he would make those repairs. She explained because Dr. Klopfer did not keep his word, the Commission had come to this point. Corrurtissioner Bullene inquired if any someone or some agency were willing to put up the money, could the building be saved. Mrs. Dempsey replied that would require about $200,000. Mr. Kent said he thought it was unrealistic to think someone would invest that much money in a building they did not own and also burdensome would be the lawsuits -that would likely follow any attempt at receivership. Commissioner Hostetler inquired if members of the Historic District could sue Dr. Klopfer. Mrs. DeRose noted she did not feel Dr. Klopfer's threats of a lawsuit should be taken to seriously. She said his only- basis for a lawsuit would be due process and she felt he had been due processed more than adequately. She added that did not prevent him from filin- a lawsuit and incurring expenses on whomever was at the other end of the lawsuit, but she felt in terms of winning the lawsuit his chances were slim. President Oxian discussed the receivership program and noted the owner could not recover the house unless he paid out the receiver. Mr. Kent asked who would finance repairs on a house the borrower did riot own. President Oxian explained the bank would get it's money back even if the receivership fell through because the owner would have to pay off the money borrowed and the interest. President Oxian noted the bad part of the receivership would be the owner could get: the house back by paying off the receiver and then let the building start deteriorating again. Commissioner Bullene inquired if granting the COA gave the necessary time to document the building. Mr. Duvall replied the documentation was typically done within the regular demolition schedule. Mrs. Dempsey said it would take approximately 30 days before the demolition could begin. Mr. Duvall said there should be no problem in documenting the building provided the staff had access to the site. Commissioner Bullene said he was also concerned with documentation of the historic landscape features because they might serve as a bases for determining the appropriateness of any new construction. Commissioner Eide _ agreed and added the trees may be more significant than the house at this point. Commissioner Petrass inquired of Mrs. Dempsey if Code Enforcement would state in the demolition contract that no trees were to be taken down. Mrs. Dempsey replied Code Enforcement would only be demolishing the house. Commissioner Eide inquired if the basement would be taken out. Mrs. Dempsey explained the requirements for the demolition. Mr. Duvall noted an alternative might be after the demolition contract is awarded, an individual could conceivably negotiate a house move from the demolition contractor. Mr. Duvall said the method of demolition is not prescribed in the contract. Mr. Greta said unless the Commission had another method for making Dr. Klopfer repair the house, he saw no other alternative to demolition. Commissioner Eide said unless there was some feasible plan of action, he agreed with Mr. Greta. Mr. Kent inquired what would happen if the Commission denied the COA. He was informed the issue would come before the Common Council. He inquired what would happened if the COA was tabled. He was told the Commission could not table the COA because the applicant was not likely to consent to that. President Oxian said if the Commission denied the COA and it went to the Common Council, the demolition could be stayed for up tc a year if the Council agreed with the Commission. Commissioner Hostetler asked what the steering Committee in the neighborhood thought about the demolition. Mr. Greta responded they were more concerned with what might go on the site in place of the house. He said they kne�a time current structure was an eyesOre and unsafe. He said he felt the biggest concern was what would happen when the house was gone. Iie explained many felt the house may be what is preventing the construction of Dr. Klopfer's clinic. He said personally he felt it was two separate issues because Dr. Klopfer could have put a clinic in the current structure if he wanted to. He felt the issue should only be viewed as to the current structure and its detrimental effect on the neighborhood. Commissioner Hostetler noted the benefit to Dr. Klopfer in the house being demolished was the cos of demolition was much less then the cost of repairing the structure. Mr. Greta said if Dr. Klopfer came to the Commission with a COA for demolition, he would get the b uilding torn down. Mrs. DeRose replied if Dr. Klopfer were the advocate for demolition, he would have to convince the Commission lie could not afford to repair the house and she doubted he could do that given his financial abilities. Commissioner Eide moved the Commission ar)prove the COA for demolition of 1244 W Lincolnway East. Commissioner Bullene seconded the motion. The motion was defeated 4 -2. Commissioner Bullene asked for alternative suggestions. Mrs. DeRose said there needed to be an alternative motion to deny the COA with specific reasons for denying it in the record. President Oxian said if this were going to go before Council, there needed to be a basis from the Commission for denial. Commissioner Bullene gave his reasons for supporting the motion to approve the COA. Commissioner Eide said he did not feel it would be responsible to deny the COA without some fairly convincing reasons. Mr. Greta asked for clarification on how long it would take for Common Council to hear the appeal. Mrs. DeRose explained it would come before the Common Council next month and if the Council sided with Code Enforcement, the Commission could appeal the decision in court. President Oxian inquired how large of a fine Mrs. Dempsey could seek from Dr. Klopfer. She replied the maximum Civil Penalty was $1000. President Oxian inquired if there was any provision in state legislation for criminal charges. Mrs. DeRose replied negatively. Mrs. Dempsey said she felt better means of enforcement had been enacted, however several buildings, such as 1244 Lincolnway East, had been in Code Enforcement longer than the new regulations had been in place. Mrs. Dempsey enumerated the many programs and agencies available to prevent demolitions and noted all possibilities had been exhausted for this structure. She said her biggest fear would be a tragedy would occur in the building before any action was taken. President"Oxian said he could see Mrs. Dempsey`s point, but the felt there ought to be some means of getting a criminal suit filed against delinquent property owners. President Oxian called for a motion to deny the COA with reason for denial or for a revote on the previous motion. Commissioner Petrass indicated she had changed her vote. Commissioner Hostetler said she felt the Commission needed to take a stand against absentee landlords who do not care for their property. Mrs. DeRose said she felt Dr. Klopfer had another agenda and could not be placed in the category with regular absentee landlords. Mrs. Dempsey voiced her agreement with President Oxian that very strong enforcement of the standards was necessary. Commissioner Bullene inquired if Mrs. Dempsey could as part of the demolition, make requirements regarding the retention of surrounding landscaping elements. President Oxian said Commissioner Bullene could introduce that into a motion. Mr. Kent said he did not feel just telling Dr. Klopfer he could not cut down the historic trees on the property would stop him from cutting them down if that is what he desired. Commissioner Hostetler noted under Indiana law the Commission can not confiscate the property or hold it against the rightful owner or could not coerce him to repair the property by withholding licenses from him. Mr. Kent said the Commission should not justify its decision to allow the demolition by saying they could save the trees. Commission Bullene replied the Commission was not justifying the demolition, but were trying to make it as limited as possible. Mr. Duvall noted there were other landscape features such as ornamental rock structures and the fence as well as the trees. Commissioner Bullene moved the COA for demolition be approved and asked that Code Enforcement notifv the owner in a letter of the sentiment of the Commission that anv new construction would have to respect the existing building as a historic precedent. that all mature trees and decorative landscape features which do not have to be removed for safetv reason be � K retained, and that their retention be a consideration for a COA for anv further construction. Commissioner Eide seconded the motion. The motion passed 4 -1 with one abstention. Mr. Duvall asked for clarification on the issue of documentation noting that the guidelines say the applicant will provide documentation of the structure before demolition. President Oxian said he believed the Commission staff should be responsible for documentation. Mr. Greta said he thought the idea of criminal penalties for owners of historic district properties who allow demolition by neglect should be pursued. President Oxian noted the tremendous effect demolition in a intact historic district has, especially in a case like this when it is on a corner and on a very significant street. Mr. Dent said he was very disappointed that the Commission had no poker to prevent this from occurring. Commissioner Eide explained until last year the Commission did not have maintenance standards, but now that it does, this would probably not happen. President Oxian noted Code Enforcement had enforced HPC maintenance standards on certain properties and it has worked, but this house was already improperly maintained before the Maintenance ordinance was adopted by the Council. Mr. Kent said the same thing could happen again. Commissioner Hostetler explained a property owner would not be able to let the property get to the point of demolition. Mr. Duvall said Code Enforcements ultimate recourse is still demolition, however there is the alternative of the receivership program which is more appealing when taken on at an earlier stage of disrepair. President Oxian adjourned the meetinc- at 5:30 I COMMON NAME 4. PROPERTY'S MAILING ADDRESS 5. LOCATION NOTES 2 OWNERSHIP P....'t A VISIBLE No -AS' PRESENT PAST 7 ENDANGERED 8 CATEGORY M. LOCAL LEGAL PROTECTIONS vicam O.w'cl p H.sto,ic O'st'.cl Neglected B. — Landmark EnitloaChm•, st — Deed Restf,coon Other___._ Site — other P"k Object KA L: EIucat-or,al 7 go. SURVEYS u SA NR NHL_ MASS — MAER_ 13 CONDITION It BUILDING INTEGRITY Ila. Specify Alterations 17, Unaltered Removals Aiwted ' ­ 1 Moved Structural Date R,ol.c­ent ct,.­ Add.I-o.s_j6CE!f!&44_1r' 12 DATE STYLE 6Z L1S8 N Q. ARCHITECT /BUILDER 1 1 DESrAJPTION 4 OUTBUILDINGS 19 AREAS OF SIGNIFICANCE: SPec,fv the ssigndicance to, each area checked 0 18. ENVIRO JMENT A.1­g­I AT I ACH 7 � p0" Im !-1' 20n.re-) . h ­,SC NE -ATIVE .7 r) EN'ELOPE commu.-Tv Plamm.ng MOS Ectucaf-cin r In - Piz ,,4 Cc) 1k, ("Invor �)Ljllrr .­ons,'Ne.ghbo,toods ✓F. �1 ly lon -, Uir -. - G-, ) 13 P,,,rrl -_,pjj E..lo,,:­/Setv,­t rr,4 SP Hul,n.t­ ,� a4*kr, jpel Yvirf I v - Rie k,10s.; IA di 1`327 1 ke In ryl el L­dWaoe AlCh'trict." a Y(i k. N" )V\ _ Y C t DA (3 y) d re n V.0" V"A .Sr­c@1Te T ­%Vo , jat , o , I mill I INFORMATION SOURCES 171 v\­­ Y)a - T>e-A Re-rr, to 9- 27- 19 3-29-1q % SURVEYOR - V- AhX> ASStne-_!.4 22. DATE _. A HISTORICNAME &COUNTY ST •5rftj C.MUMBER 14 J5'!Pl ?I) ADDRESS E. TWP/CITY FV F. QUAD NAME A A TING)4O.I~dIN 0 S 'g n "' canuN O'sb 4 DJr-mb'MN/R-4-rroeONOICOnldbuting UTMAEFERENCES 11,61 STATE OF INDIANA DEPARTMENT OF NATURAL RESOURCES INDIANA HISTORIC SITES AND STRUCTURES INVENTORY AEVISCO 511 West Colfax Recommendation Based on the HPC Local Landmark Criteria, the building at 511 West has been recommended by the Landmarks Committee of the Historic Preservation Commission as a Local Historic Landmark. The building meets the criteria in at least four areas. , 1.) Its character, interest, or value as part of the development, heritage or culture of the City of South Bend or St. Joseph County, the State of Indiana, or the United States; 2.) Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represents an architectural characteristic or innovation; 3.) Its educational value; 4.) Its suitability for preservation; 5.) its identification with the life of a person or persons of historical significance; The building fulfills criteria #1 as material evidence of one of South Bend's important industrial families - the Birdsells. The house was built in 1898 for J.B. Birdsell, President and Treasurer of the Birdsell Manufacturing Co. The building fulfills criteria #2 as an excellent example of a turn of the century Tudor Revival style residence rated 0/13 in the Indiana Historic Sites and Structures Survey featuring half timbering Tudor detailing and a stone porch and first story facade. The structure was designed by architect Wilson B. Parker. The building fulfills criteria #3 as an excellent example of the past culture of one of the important industrial families of South Bend. This structure represents an intact example of historic architecture that expresses a quality of workmanship and aesthetic that is rare elsewhere in South Bend. The building meets criteria #4 by the integrity'of its original construction with only minor alterations. The building meets criteria #5 for serving for several years as the offices of attorney F. Jay Nimtz who was a congressman and civic leader. I TE OF APPROPRIN"`?NESS STAFF REPORT PROPERTY -- 1077 Riverside Drive South Bend, IN OWNER -- Mary Hendriksen & Dwight King DESIGNATION -- RSD -LHD STATEMENT OF SIGNIFICANCE /HISTORIC CONTEXT The house at 1077 Riverside Drive was built c. 1925 for Harriette E. and Dora I. Keller, sisters of Fred W. Keller partner in the prominent real estate company of Whitcomb and Keller. This Colonial Revival style house is rated S 111 in the Indiana Historic Sites and Structures Survey and is considered to be in excellent condition. PROPOSED CHANGE The owners propose the following changes: 1..Transplant a rhododendron from the rear of the garage to area of dying rhododendron near screened porch. 2. Remove sapling that is interfering with the dogwood. 3. Transplant redbud sapling near lilacs to corner of screened porch on Riverside Drive. 4. Remove two lowest branches of hemlock extending over sidewalk (Custom & Moore to do work). 5. Replace backdoor light with light matching original lanterns. STANDARDS Standards: I.B.1. "New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and newspapers. New site work should also be appropriate to existing surrounding site elements in scale type and appearance." RECOMMENDATION The proposed changes 1 -4 are minor landscaping site amenities that are appropriate to the existing site elements, staff recommends approval. Proposed change 5 would involve the removal of a non - historic light fixture and replacement with one more compatible with the original fixtures. Staff recommends conceptual approval with the proposal referred to the Standards and Maintenance Committee for approval once the owners have selected the specific fixture. CAA 2 -13 -95