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HomeMy WebLinkAboutMarch 1995historic preservation commission of south bend and st. joseph county ROOM 1123 COUN"1'Y CITY BUILDING south bend, indiana 46601 (219) 235-9798 SIGN—IN i.) Xo e M Ac4 AT'toT4 (o l l L W e 3.) �� { 5.) � l dvN � �� � z t_.. W G 6.) 7.) 8.> 9.) 10.) 12.) 13.) 14.) 15.) 16.) 17.) 18.) 19.) 20.) 21.) 22.) 23.) 24.) 25.) AGENDA OF THE SPECIAL MEETING of the HISTORIC PRESERVATION COMMISSION Special hearing County Commissioner's 4:00 p.m. Conference Room Tuesday March 7, 1995 7th floor I. Call to Order II. Roll Call III. Committee Report A. 1077 Riverside Drive - RSD-LHD; landscaping and light replacement B. 621 Lincolnway East - EP-LHD; front porch replacement C. Copy Machine Policy IV. Public Hearing A. 1244 Lincolnway East -LWE-LHD; Demolition V. Regular Business A. Approval of Minutes - January 16, 1995 VI. Hearing of Visitors VII. Announcements & Miscellaneous Matters VIII. Adjournment OF APPROPRIATENESS STAFF REPORT PROPERTY -- 621 Lincolnway East South Bend, Indiana OWNER -- Kim Pummill DESIGNATION -- Edgewater Place LHD STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT The house at 621 LWE is a Free Classic Queen Anne constructed c. 1892. This structure is rated C/9 in the Indiana Historic Sites and Structures Survey and is typical of the second stage of development in the Edgewater Place District at the turn of the century. The two story structure has an almost pyramidal roof broken by dormers. There is an open flat roofed front porch. This porch is of skirted post construction with no masonry foundation. PROPOSED CHANGE The owner proposes to demolish the existing front porch and rebuild a new porch to meet approximate appropriateness of the existing structure. STANDARDS II.D. Entrances, Porches and Steps -- Existing or original porches and steps, including handrails, balusters, columns, brackets, tiles, and roof decorations shall be retained or replaced with replicas of the same design and materials when deteriorated beyond repair. RECOMMENDATION The porch is in an advanced state of deterioration with settling, rot, and extreme weathering. Although the design elements of the porch are intact, restoration would require extensive (approximately 75%) in-kind replacement of material. The property has outstanding Code Enforcement citations including numerous violations concerning the front porch. These violations will be heard by the Code Enforcement Hearing Officer March 9, 1995. Because the owner's proposal is to approximate appropriateness in the replacement porch, the staff felt this would require hearing by the Commission rather than an in-kind staff approval. Staff recommends approval contingent on the understanding that the owner's replacement porch is to be an in-kind replacement. CAA 2/22/95 t s CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1244 Lincolnway East South Bend, Indiana OWNER -- Dr. Ulrich Klopfer DESIGNATION -- Lincolnway East LHD STATEMENT OF SIGNI_F.I_CANGE/H.I.STOR.IC CONTEXT This former dwelling and retail shop is a contributing structure (rated C110) in the Lincolnway East LHD. The structure was built in 1898 in the Queen Anne style. The house has undergone alterations such as the enclosure of the front porch but retains sufficient historical character to remain an important element of the historic district. PROPOSED,_, CHANGE. The Division of Code Enforcement of the City of South Bend proposes to demolish the existing primary structure. The Division seeks demolition pursuant to their public hearing of May 20, 1993 and based on their list of Code Violations dated January 6, 1993. STANDARDS HPG Demolition Standards disfavor demolition and require the owner (applicant) to prove that it is economically unfeasible to repair the property appropriately. Section 21-117.2 (2) of the South Bend Code (Article 6.5 Historic Preservation Commission) states that "(n)othing in this article shall be construed to prevent the ... demolition ... of any building... which the Building Commissioner or other official having such Power may certify as required by the public safety because of an unsafe or dangerous condition." This section continues "(w)here the Historic Preservation Commission deems it necessary, the Commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed ... demolition ... for the purpose of preparing a preservation plan for said landmark. Such a petition must be for a specified period of time. The Common Council shall grant the petition when it finds= a. That such action will not cause the owner of the subject property to suffer hardship; and b. That such a delay will not be injurious to the public health, safety, and welfare; and c. That in keeping with the intent of this article, such action is necessary and appropriate. ~ � 1 CERTIFICATE OF APPROPRIATENESS STAFF REPORT In no case may the delay granted by the Common Council exceed three (3) years, but the Commission may petition the Common Council for a continuation of any delay granted by the Common Council in accordance with the same procedures set forth above for the initial appeal. RECOMMENDATION It is the Staff's recommendation that the HPC deny this COA for demolition and petition the Common Council for a delay according to the above procedures in order to develop a preservation plan for the structure. The Staff has recently visited this site and found the condition of the structure to be essentially unchanged from the documentation one year ago. The structure does not appear to present clear and eminent danger to the general public. The site however continues to suffer neglect as yard maintenance remains undone and the structure though closed would be accessible by willful entry. Neither is the site secured as gates stand open and missing and damaged sections of fence are not repaired. The maintenance problems submitted by the Department of Code Enforcement, although numerous, are violations which do not threaten the structural integrity of the building. None of the aforementioned problems warrant the demolition of an otherwise viable structure. The building is in need of attention and repair. It is also important to note that the site contains various other landscaping elements of historic significance which are protected and which might, without proper survey and planning activity, incur damage as a secondary effect of demolition activity on the site. A COA would be required for any activities effecting these other features. Staff continues seeking strategies to get around the problem of an owner who is essentially causing demolition by neglect. It would be an extremely bad precedent to allow demolition of such an important structure in a Local Historic Preservation District. The Owner has refused for many years to cooperate with the city or this commission in undertaking the necessary basic repairs to maintain this property. It is in the Commission's long-term interest, and the interest of the community, to save this structure and send a message to others that the Commission will not tolerate demolition by neglect. '> • 1:111-A '511119+ -1 0 0 9 ih�stor�creserVat�on pcommisson fof south bend and st. joseph county Room 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219) 235-9798 March 14, 1995 To whom it may concern: Due to a lack of matters requiring a public hearing the regular monthly meeting of the Historic Preservation Commission of South Bend and St. Joseph County March 20, 1995 has been canceled. We will resume our regularly scheduled meetings in April. Thank you for your cooperation. �-km a. 0 74,0_911 hn H. Oxian President, HPC N historic reservation commission on of south bend and st. joseph county ROOM 1123 COUNTY CM BUILDING south bend, Indiana 46601 (219) 235-9798 March 14, 1995 Dear Commissioner: Due to a lack of matters requiring a public hearing, John has suggested the regular monthly meeting of the HPC scheduled for March 20, 1995 be canceled. Any objections to this cancellation should be registered over the telephone by 12 o' clock noon on Friday March 17, 1995. If there are no objections the HPC will resume its regular schedule in April. If you have any questions concerning this matter please call the office. Sincerely, Christine Anderson Administrative Assistant CERTIFICATE OF APPROPRIATENESS STAFF REPORT PROPERTY -- 1244 Lincolnway East South Bend, Indiana OWNER -- Ur- Ulrich Klopfer DESIGNATION -- Lincolnway East LHD STATEMENT OF STORIC CONTEXT This former dwelling and retail shop is aa contributing structure (rated C/10) in the Linoolnway East LHD' The structure was built in 1898 in the Queen Anne style. The house has undergone alterations such as they enclosure of the front porch but retains sufficient historical character to remain an important element of the historic district. PROPOSED CHANGE ' The Division(�f Code Enforcement of the City of South Bend proposes to demolish *the existing primary structure. The Division seeks demolition pursuant to their public hearing of May 20° 1993 and based on their list of Code Violations dated January 6, 1993' STANDARDS HPC Demolition Standards disfavor demolition and require the Owner (applicant) to prove that it is; economically unfeasible to repair the property appropriately. Section 21-117.2 (2) of the South Bend Code (Article 6'5 n � Historic Preservation Commission) states that ^(`n,)-��\^nQ in this article shall be construed to prevent the' ''. demolition -'' of any building'''which the Building Commissioner or other official having such power may certify as required by the public safety because of an unsafe or dangerous condition'" This; section continues: "(w)here the Historic Preservation Commission deems it necessary, the Commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed -'- demolition .'' for the purpose of preparing a preservation plan for said landmark' Such a petition must be for a specified period of time. The Common Council shall grant the petition when it finds: a- That such action will not cause the owner of the subject property to suffer hardship; and b' That such a delay will not be injurious to the public health, safety, and welfare: and o. That in keeping with the intent of this article, such action is necessary and appropriate. CERTIFICATE OF APPROPRIATENESS STAFF REPORT In no case may the delay granted by the Common Council exceed three (3) years, but the Commission may petition the Common Council for a continuation of any delay granted by the Common Council in accordance with the same procedures set forth above for the initial appeal' RECOMMENDATION It is the Staff's recommendation that the HPC deny this CUA for demolition and petition the Common Council for a delay according to the above procedures in order to develop a preservation plan for the structure. The Staff has recently visited this site and found the condition of the structure to be essentially unchanged from the documentation one year ago. The structure does not appear to present clear and eminent danger to the general public'. The site however continues to suffer neglect as yard maintenance remains undone and the structure though closed would be accessible by willful entry' Neither is the site secured as gates stand open and missing and damaged sections of fence are not repaired. The maintenance problems submitted by the Department of Code Enforcement, although numerous, are violations which do not threaten the structural integrity of the building' None of the aforementioned problems warrant the demolition of an otherwise viable structure. The building is in need of attention and repair' It is also important to note that the site contains various other landscaping elements of historic significance which are protected and which mi.4ht, without proper survey and planning activity, incur damage as a secondary effect of demolition activity on the site. A COA would be required for any activities effecting these other features. staff continues seeking strategies to get around the problem of an owner who is essentially causing demolition by neglect. It would be an extremely bad precedent to allow demolition of such an important structure in a Local Historic Preservation District. They Owner has refused for many years to cooperate with the city or this commission in undertaking the necessary basic repairs to maintain this property' It is in the Commission's lung -term interest, and the interest of the community, to save this structure and send e message to others that the Commission will not tolerate demolition by neglect' ` * �~~>4',to ��~. ��I_-� \\ .°~�`\