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HomeMy WebLinkAboutOctober 2001r I. Call to Order II. PUBLIC HEARING A. CERTIFICATES OF APPROPRIATENESS 0 1. 2001-1002; 1012 Riverside Drive [replace tree(s)] ;.: 2. 2001-1003-2; 543 Edgewater [repair ►� brickwork & replace landscaping] B. PROPOSED LOCAL LANDMARKS 1. New Jersey, Indiana & Illinois Rail Road Roundhouse (Information and photographs, Steve Newland of Hoosier Valley R.R. Museum.) 2. Fire Department Engine Co. # 9 2520 Mishawaka Avenue (River Park) III. REGULAR BUSINESS A. Approval of Minutes B. Treasurer's Report C. Correspondence D. Committee Reports / Architectural Historian Report ,. E. Legal Matters ,.Ice ` F. STAFF REPORTS: 1 1. C. of A. Approvals 2. Draft Commission Policy on residential fences 3. PUBLIC SCHOOLS: (a) Adams High School (b) Harrison School (c) Marquette School M (e) Perley Elementary School VI. Hearing of Visitors VII. Old Business VIII. New Business, Announcements and Miscellaneous Matters X. Adjournment n SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION OCTOBER 15, 2001 MEETING GUESTS: PLEASE SIGN THIS LIST SO YOUR PRESENCE CAN BE NOTED FOR OUR MINUTES m ixg- 1<� �UM� ujk&�,kp-r\ STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Application Number: 2001-1002-(b) 7_0� Z Property Location: 1012 Riverside Drive _ South Bend, IN 46601 Property Owners: Gabrielle Robinson & Michael Keen Landmark or District Designation: Local Historic District — Riverside Drive National Registry of Historic Districts — Chapin Park Rating: Significant - 11 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT In 1919 attorney Frank Gilmer purchased lot 10 of Wetzstein's Riverside Heights Addition, and in 1920 built this Romantic Period revival -style home. It is one of six houses between the Riverside Drive White Oak stand, and Shetterly Park. It overlooks the river to the Northeast, and faces Shetterly Park. Former residents include Helen and Leslie Morehouse, from 1927 to 1937 (Mr. Morehouse was the editor of the South Bend Tribune); Mr. and Mrs. Duncan O'Coner, from 1937 to 1957 (during which period Mr. O'Coner was superintendent at South Bend lathe); Mr. and Mrs. Lester E. Menzie, from 1957 to 1973; Kenneth Grant from 1973 to 1999; Allen and Arleen (?) Howard, from 1999, presumably until sale to the present owners. BACKGROUND: The owners have already received staff approval for the removal of a dead or dying American elm tree from the West (front) property line, and, at their option, for placing an arbor vita bush where the tree was, to fill in a line of arbor vitae; which will now have a gap where the elm tree was. We are aware of the significance of native trees to this neighborhood in particular, and to the special value of American Elm trees where ever they may be found, and we only granted permission for the removal of this one on the owners' representation that it is in fact past saving — and we also feel confident that no homeowner would be dumb enough to remove such a tree if there were any way to keep it. The 1977 Survey shows five significant trees in between the front of this house and Shetterly Park — and now there remain only two. RECOMMENDATION: The owners seek permission to plant two Red maples in front of their house. A sketched site plan is attached. Staff recommends approval. The trees will be closer together than in most early 20`h Century landscaping plans, but still further apart than the actual historic plans for this unique neighborhood. While Red Maple trees are not on the list of trees specifically recommended for this neighborhood, there is a significant Red Maple tree directly across Riverside Drive from this house, on the inside corner. I 4. A Jv�1 :jq .� I i-ol 1977 Survey Sketch C� yy -1 d C � F T s b � rrd •. o { � c -3� STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Application Number: 2001-1003-(2) Property Location: 543 Edgewater Drive Pf �17 South Bend, IN 46601 Property Owners: Doug Turnock At 1 Landmark or District Designation: Local Historic District — Edgewater Place Rating: Significant -11 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT This 1922 American Foursquare gains its surprisingly high rating mainly from the fact that it was designed by Whitcomb and Keller architects. It was built in 1922-23, on one and a half full lots, for Stella and Arthur B. Williamson, the principal at Nuner School. Mrs. Williamson was widowed in about 1935, but continued to reside here until about 1966. The house was remodeled in 1935, and the person who performed our 1977 historic district survey believed that the remodeling probably consisted only of covering over original stucco exterior walls with a brick veneer. BACKGROUND: The owner seeks permission to remove the bushes in front of his house, in order to repair brickwork and tuck -pointing on the front of his house. He also seeks permission to repair his foundation and brickwork as necessary, and to tuck point his brick. RECOMMENDATION: We recommend approval, conditional upon careful re -assessment by the owner of the extent of mortar repair necessary, once closer inspection behind the front bushes is possible, and conditional upon replacement of the bushes with appropriate other plantings once any necessary foundation and brickwork is accomplished. We recommend specifying a time frame of twelve months for finishing the work and replacement plantings. The owner has submitted a photograph, and our inspector has made two inspections of the home, in preparation for this Report. In all photos we can see a slight arch to the porch sill, which the owner believes indicates that the corners are sagging. If this is so, than one would expect that foundation work would be needed, and that there would be cracks between bricks along stress lines. However, our inspector has not been, able to locate any stress cracks, mostly because of the large old bushes in front of the porch. The bushes are beautiful, and show the owners' care over the years. But they also impede inspection as to whether there are foundation and brickwork problems that ought to be addressed sooner rather than later. • r f ;:ti •f r r , -777 L NA (� or LLLRtttt ._ - � 1 1l; -r x�st FmPow" 1► •.t 4 -• 4: Y., "'^� �-mob } ,. 1. : .-Y�I:kF��. ... _ .- . • i Ii2 �rx'.l'. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND SAINT JOSEPH COUNTY OCTOBER 15, 2001 ROUNDHOUSE — NEW JERSEY, INDIANA, AND ILLINOIS RAILROAD INDIANA AVENUE, SOUTH BEND, INDIANA 0� PRELIMINARY STAFF REPORT Our Commission's Landmark Committee has not yet had an opportunity to consider this building, and determine whether its present condition and potential for adaptive reuse — or even railroad reuse — warrant local landmark status. Also, if a new commercial owner wished to restore it to its historic appearance, it might possibly be better for that owner and the community for the building to be designated a national historic structure, rather than a local landmark. Until the Landmark Committee has had an opportunity to consider and review the matter, staff will defer making a formal recommendation. The reason for this matter being heard before the whole Commission first, rather than before the Committee, is that individuals involved and interested in preserving this building are not all close neighbors, as in most of our cases, and many of the documents and photographs involved do not lend themselves to photocopying clearly. Therefore, when the Hoosier Valley Rail Road Museum representative is kind enough to make a trip here, lugging all his material, it makes sense to give the entire Commission an opportunity to see and listen. If the Landmark Committee and the rest of the Commission do decide that local landmark status is appropriate, the balance of Commission action may be expedited. Even if you do decide that seeking local landmark status is not appropriate, I guarantee that you will find Mr. Newland's presentation highly interesting, albeit brief. ��. Photographs from our own inspector constitute the rest of this report. Roundhousel o� ✓, ROUND HOUSE AT INDIANA AVE. September 27, 2001 IrW - Oij ROUND HOUSE AT INDIANA AVE. September 27, 2001 . ... .. ... . in ya s P 4 ' r c t 3 4 a ROUND HOUSE AT INDIANA AVE. September 27, 2001 ` s i ROUND HOUSE AT INDIANA AVE. September 27, 2001 . .. e' -- y J tai'9.Tj4�YS'�akuT•.`�-`"`R.ar .n.:...t v._. yy ^ .wi a '�.y.y�ty.. t a."y:''4'x'. M nl� .Jry. 7Z.y� i1.1 .'.,7:1Y u , • ".:!' �... XwiVa�T.r. :-%.vi3Ft'e ��- iT"T:,,'L" `i� f"w�',{,'�J" T. _ .. _ is ^ k• .r��a'wx '�.:r;�.=�.:, --t �� �, ..., ^,.. { *np:',c'�1Y"p',Fi�,;;.: ..•:x:70„ �: .fly, �"-z �._ i,a. �. � • � � t.��,;:t;: `.� _� �`d. „ti"�%��� �, ,�:.:_, .� �...:.,� i. � a . „P':y, : r.• _ ,i. is ��: � k'a .r�:. .�:,C « .,. 1 PROPOSED LOCAL LANDMARK FIRE DEPARTMENT ENGINE COMPANY NO. 9 2520 MISHAWAKA AVENUE RIVER PARK NEIGHBORHOOD SOUTH BEND, INDIANA Historic Preservation Commission Of South Bend and Saint Joseph County October 15, 2001 FIRE DEPARTMENT ENGINE COMPANY NO.9 2520 MISHAWAKA AVENUE RIVER PARK NEIGHBORHOOD, SOUTH BEND INDIANA HISTORIC CONTEXT In 1919, as part of the merger agreement between the independent Town of River Park, and the City of South Bend, the City of South Bend, in exchange for gaining the additional tax base of River Park, agreed, among other things, to build River Park a fire house. According to records of the South Bend Board of Safety, an additional hose house was needed because the nearest fire department engine company was located well over a mile away. Although South Bend purchased its first engine -driven fire trucks in 1920, horse drawn fire trucks were still in use. The Board of Safety chose lots 120 and 121 of Horne and Dunn's first subdivision in River Park. In 1926, the City awarded Smoger Lumber Co. the construction contract, contracting to pay Smoger Lumber $14,643 for a fire house built to the City's requirements. Although the bungalow style building was clearly designed by a gifted architect, scaled to accommodate fire -fighting equipment, but styled and designed to blend into the residential neighborhood and be attractive to pedestrians, the name of the architect is not known. The custom of the time was to avoid any publicity of architects' names in connection with public buildings, because it was deemed unseemly for the government to in any way advertise a particular business. We do know that the building was completed in 1926, and that Roy Knoblock was the South Bend Fire Chief at the time of its dedication. ARCHITECTURAL DESCRIPTION Classic bungalow style, with craftsman -inspired elements, was employed. The foundation of the building is brick, with a decorative stone string course at its base. The main story is stretcher bond brick. There is an offset front porch entry with multi -pane sidelights, and a side entry with a multi -pane door. The windows throughout are one over one double -hung sashes with stone sills. The square bay window has a decorative shed roof. There are decorative knee -braces under all roofs, as well as over the bay window. Of course, the unique feature of the house is the large fire truck garage door recessed under the porch. The porch roof, like the main roof gables, has decorative knee -brace supports. There is a two-story square tower at the rear of the building, built for drying fire hoses. It is now used for storing washes and dryers and janitorial / utility storage. This is a fine example of adaptive reuse — freeing up the basement for an exercise and fitness conditioning room. The fire fighters themselves, with assistance from fire fighters from other stations, cleaned asbestos from the basement, painted and repainted it, and donated a television, compact disks, floor tile, and carpet — which was installed by an off-duty officer from another station. To quote a Company 9 fireman named Rudy "Everything in this station works, and works well, and every firefighter goes the extra mile to see that it does." The heavy use the building has received has, of course, made some changes necessary over the years. The original glazed tile roof has been replaced, and aluminum siding and storm windows and doors have been added. This has not, however, reduced the building's essential grace or significance to the neighborhood. RECOMMENDATION This site and structure should be recommended to the Common Council for designation as a Local Landmark. The South Bend Municipal Code, Sec. 21-117.2, provides that: "The Historic Preservation Commission shall have the following powers and duties: (a).... (d) ... Survey, identify, plan for and advise the Common Council concerning the designation of historic landmarks. (1) The Historic Preservation Commission shall recommend the designation of historic landmarks and the establishment of historic preservation districts on the basis of historical and cultural significance, educational value and suitability for preservation." The local historic value of this building is immense, as its very construction is the result of a unique merger between cooperative neighboring communities, during a period of great growth, urbanization, immigration, and cultural change in our community. Similarly, the way in which government and public safety functions were merged cooperatively with the daily life of the residential neighborhood has a cultural significance that is increasing as public safety forces across the United States are returning to that tradition. This building has educational both from an architectural aspect, and from a firefighting history aspect. Its architecture, as discussed above, is unusual, elegant, and distinctive. More importantly, the building has served an active company from the days when horse drawn fire engines were just being phased out, to the present day, when the computer room is an important part of the stations' function, and the stations' rapid -response team can serve and assist the whole city. A tour or study of the building illustrates this history better than any book or video could do — and it is still in the neighborhood of schools and homes. For the reasons set out in the Ordinance, this building merits the landmark status that its neighbors request for it. THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & ST. JOSEPH COUNTY . MONTHLY MEETING MINUTES SEPTEMBER 17, 2001 7th Floor, Commissioner's Conference Room 7:30 p.m. County —City Building, South Bend, IN MEMBERS PRESENT: John Oxian, Catherine Hosteller, Mary Jane Chase, Martha Choitz, Richard Morrison, Joann Sporleder, Gerald Ujdak, Jerry Weiner, Richard Helmus MEMBERS ABSENT: NONE STAFF PRESENT: Rhonda Saunders, Director Karen Hammond -Nash, Assistant Director Thomas Bodnar, City Attorney Wayne Doolittle, Inspector ALSO PRESENT: Jack L. Swope, Kirk Philippsen, Scott Kopinski, Frederick Mann, Eric Morgan, Derek Cochrane, Ed ?, Mike Deal, Gary VanOverberghe, Jason Durr, 'Alfred Freel I. CALL TO ORDER CATHERINE HOSTETLER: Called the meeting to order at 7:35. II. PUBLIC HEARING A. Certificates of Appropriateness 1. 2001-0803-2(b); Jan Pilarski; and Jay Tidmarsh; 538 Riverside Drive, South Bend, Indiana KAREN HAMMOND-NASH: Received permission from the Chair to dispense with reading the history of the houses for which Certificates of Appropriateness are sought, because of the number of items on the agenda. KAREN HAMMOND-NASH: Read the staff recommendations into the minutes. The owners were not present. JOHN OXIAN: Moved that this application be referred to the Standards and Maintenance Committee, and that Staff schedule a Standards and Maintenance Committee Meeting after the property owners decide what sort of garage door they wish to install. GERALD UJDAK: Seconded the motion. The motion carried unanimously. 2. 2001-0824; City of South Bend, Leeper Park -Riverside Drive Between Michigan and Bartlett. KAREN HAMMOND-NASH: Read the staff report and recommendations. JASON DURR, an engineer with the City of South Bend, gave an additional explanation of how its project is designed to accommodate fishermen, and prevent late-night fishing from disturbing homeowners. RICHARD MORRISON: Moved for approval of the application as submitted. MARTHA CHOITZ: Seconded the motion, and it carried unanimously. 3. 2001-0825; Michael P. Neal; 639 Lincoln Way East; Replacement of a mobile office structure. KAREN HAMMON-NASH: Read the staff reports and recommendations. MICHAEL P. NEAL, the owner, was present and responded to inquires by commission members. He stated that if the lot becomes profitable, he hopes to put in a permanent complex within a few years. He intends presently to reseal the lot, to take out overgrown scrub trees, and to install water and sewer lines. In response to a question from Martha Choitz, he explained that he wishes to put the proposed mobile office on a concrete pad in the back of the lot, approximately 10 feet from the alley. JOHN OXIAN: Moved for approval of the application, contingent upon; A. Appropriate landscaping in front of the lot and bushes around the trailer. B. Skirting around the bottom of the mobile office. C. A picket fence replacing the present deteriorating fence, as proposed by the owner in his presentation. Pa D. That the mobile office be removed when or if the owner sells or vacates the property. RICHARD HELMUS: Seconded the motion, and the motion carried unanimously. 4. 2001-0826; Mary and Eric Morgan; 209 North Shore Drive, South Bend, Indiana. KAREN HAMMOND-NASH: Read the staff report and recommendations. GARY VANOVERBERGHE, of VanOverberghe Builders Inc., gave an explanation and description of the project. JOHN OXIAN: Asked Eric Morgan several questions regarding the purpose of the proposed alterations, which Mr. Morgan answered. RICHARD MORRISON: Moved for approval of the application. GERALD UJDAK: Seconded the motion, and it carried unanimously. 5. 2001-0828; Laurel and William Cochrane; 519 Edgewater Drive, South Bend, Indiana. KAREN HAMMOND-NASH: Read the staff reports and recommendations. ALBERT FREEL, the contractor for the proposed project, spoke on the original application. The garage on his property has white "double -four inch" Dutch -lap vinyl siding, and the homeowner wishes to match that siding on the house. In response to a question from the Commission, Bill Cochran stated that previously replaced windows had been Colby and Colby Window Manufactures. JOHN OXIAN: Moved for approval of this application, specifying the following: (a) -"Double-four inch" Dutch -lap vinyl siding (b) Wooden double -hung sash windows, as described by the owner © That Inspector Wayne Doolittle inspect the project as it proceeds RICHARD MORRISON: Seconded the motion and it carried unanimously. 6. 2001-0829; the Episcopal Cathedral of St. James; 1624 East Wayne Street, South Bend, Indiana. KAREN HAMMOND-NASH: Summarized the proposal for renovation, and recommended approval. KIRK PHILLIPPSEN, and DEAN FREDERICK MANN, from The Episcopal Cathedral of St. James, explained the desire to create a year-round `sun -room" using the existing porch space and dimensions. A man representing American Sunspace Additions was present to answer any questions, if needed. MARY JANE CHASE: Moved for approval of the proposal, as submitted, and Jerry Weiner seconded the motion. It carried unanimously. 7. 2001-0830; James Burk, 721 Lincolnway East KAREN HAMMON-NASH: Read the staff report and recommendations. The owner was not present. Members of the Commission expressed dissatisfaction with the owner's request that the Commission recommend a historically appropriate door. JOHN OXIAN: Moved that the matter be referred to the Standards and Maintenance Committee. RICHARD HELMUS: Seconded the motion. Some discussion followed as to whether screens should be required, and whether the doors should have horizontal panels. The Chair called for a vote on the motion, and it carried with Richard Morrison casting one opposing vote. 8. 2001-0906; Ethel Anderson, 1636 Lincolnway West KAREN HAMMOND-NASH: Read the staff report and recommendation. The owner was not present, nor was any representative. Following some brief discussion, Richard Morrison moved that the Commission deny Mr. Kiel request to have a Certificate of Appropriateness for the proposed altered door. JOHN OXIAN: Seconded the motion and it carried unanimously. JOHN OXIAN: Further directed Commission Staff to communicate with Mrs. Anderson and Mr. Kiel regarding the deplorable state of the building located at 1636 Lincolnway West, and directed legal counsel to look into the possibility of legal action to compel Mrs. Anderson to undertake repairs and renovations for which a Certificate of Appropriateness was granted last year. 4 9. 2001-0907; Lynn Patrick, 510 River Avenue, South Bend, Indiana. KAREN HAMMOND-NASH: Read the staff report and recommendation. The owner was not present. The Commission examined photographs of the house, and a flyer from Goshen Sash and Door describing the proposed storm door. JOHN OXIAN: Moved that the Commission deny the application as submitted, and specifically deny a Certificate of Appropriateness for a colonial style half-light screen door, but direct staff to approve a sequitted light or vertical panel door, should the owner amend to application to seek on of those. MARY JANE CHASE: Seconded the motion and it carried unanimously. B. Proposed Local Landmarks, 2nd reading 1. Park Avenue Historic District WAYNE R. DOOLITTLE: Presented to the Commission a map (revised) of the proposed historic district, and briefly explained the proposed change in boundaries. JOHN OXIAN: Moved that the Commission adopt a resolution in support of the proposed area. RICHARD HELMUS: Seconded the motion and it carried unanimously. 2. 2716 Vine Street (Old Nuner Street) Brief discussion was held and no action taken. III. Regular Business A. Approval of Minutes tabled until the following meeting B. Treasurer's Report JERRY WEINER: Distributed copies of the monthly audit report, and had no further report. C. Correspondence There was no correspondence D. Committee Reports / Architectural Historian Report JOANN SPORLEDER: Reported to the Commission her professional findings regarding the recent alterations to the home at 729 Lincolnway East, concluding that the changes made there were in general an improvement to the structure, but adding that the proposed replacement of the main front door would be greatly inappropriate, and should not be approved. E. Legal- MR. egal MR. THOMAS BODNAR: Had nothing additional to report at this time F. Staff Reports / C. of A. Approvals KAREN HAMMOND-NASH: Submitted a list of eleven staff approval Certificates of Appropriateness. VI. Hearing of Visitors There were no hearings of visitors V. Old Business There was no old business to discuss VI. New Business There was no new business to discuss RICHARD HELMUS: Made a motion to adjourn, JERRY WEINER: Seconded the motion and it carried unanimously 2 Peter Kline 19109 Johnson Road South Bend, IN 46614 (219).291-1369 (phone) and (219) 299-9630 (fax) e-mail: peterklineCaoLcom August 30, 2001 - Karen R. Hammond -Nash Assistant Director Historic Preservation Commission South Bend, IN 46601-1830 Dear Ms Hammond Nash, Thank you for your letter of July 13, which included recommendations for repairs to our historic property. We are in agreement with your analysis and are even more eager than you are to see these repairs carried out. We are, however, unable to afford the expense at this time. I understand that funds are available for this purpose, and would very much appreciate it if Inspector Doolittle could at his convenience meet with us, go over the recommended repairs, and discuss with us how these might be financed. In addition to that, we would very much like to convert the inside of the barn into a Shakespeare repertory theater and scholarly library to be open to scholars and, on occasion, the public. Perhaps you would have some recommendations about how to pursue a project of that nature. I look forward to exploring this matter with you further, and thank you for the kind and supportive tone of your letter. Certainly we all need to work together to preserve this beautiful property. Incidentally, I do take issue with one item in the inspector's report. We are deeply concerned about the massive destruction in this area of habitats and breeding grounds for birds and butterflies. The mowing of the field near the barn would further add to that destruction and we would be deeply saddened if driven to such a measure. When we bought this property those houses weren't there, and the encroachments of suburbia on a beautiful natural sanctuary should be allowed to go only so far. The other recommendations, however, are ones that we would make ourselves, / YoF Peter Klin . South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone: 219-235-9798 Fax: 219-235-9578 e-mail: historic@michiana.org John Oxian, President A Certified Local Government October 3, 2001 Mr. Frank Hurtis Division of Historic Preservation & Archeology 402 West Washington Street—Room 274 Indianapolis, Indiana 46204 RE: Remedy Company Building 501 West Colfax Avenue South Bend, Indiana Dear Mr. Hurtis: Rhonda Saunders, Director This letter is to give you official word that the Historic Preservation Commission of South Bend and Saint Joseph County, by official vote taken at our April 16, 2001 Commission meeting, voted unanimously to send you a recommendation for approval of the proposal to move the old Remedy Company Building, presently situated at 501 West Colfax Avenue, to a new site at the corner of West Washington Street and Franklin Street, within the same West Washington Street National Register Historic District. The old Remedy Company Building will continue to be a contributing structure at its new location. It will, in fact, contribute much more to the community and the District at the new location. As you know, it was origi- nally built to have its corner tower face a street corner. However, at its Colfax location, the tower faces another historic house, and a wall designed to face merely an alley or back lot faces William Street. Also, in its present lo- cation it encroaches upon space which ought, more appropriately, to be attached to the neighboring house for a driveway and gardens, to be a buffer between that house and the street, to fit the historic character of that house. In its proposed new location, the old Remedy Company Building will be more accessible to other commer- cial office buildings, and will be on a lot like that for which its builders originally designed it. It is well worth while to move this building to an appropriate location, as it is a uniquely beautiful architectural specimen, of sub- stantial significance to the local history of South Bend and Saint Joseph County. Also, the rise and fall of the "patent medicine" industry is an interesting and instructive part of our country's cultural history, and development. Please do call upon any of our Commission staff or officers if you have any questions we might answer, or if there is further information we might provide. Yours Very Truly, Karen R. Hammond -Nash Assistant Director COMMISSIONERS Martha Choitz Richard Hetmus Jerry Weiner (Treasurer) Mary lane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary) Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar(Attomey) LEGAL DEPARTMENT IN'I'EXOFFICE MEMORANDUM TO: HISTORIC PRESERVATION COMMISSION DATE: October 5, 2001 FROM: THOMAS L. BODNA 2q ASSISTANT CITY ATTORNEY RE: QUESTIONS RAISED CONCERNING THE POWERS OF THE COMMISSION I understand these questions to be: 1. What can the Commission do if a Certificate of Appropriateness ("COA") is granted and no work done on the structure? 2. What are the Commission's remedies if a structure is left in a state of general disrepair? 3. What are the Commission's remedies if work is done on a historic structure without a COA? (1) Structures are approved as part of a historic district or as a historic structure. The issuance of a Certificate of Appropriateness means that the suggested changes will,conform with the historic import of the district or the structure itself. The application usually does not imply that there is anything wrong with the structure from our standards. If the owner, for whatever reason, decides not to carry through with any work, then the structure is still in conformity as it had been without the paperwork. The application is a request for permission, an indication of a desire to make a change, not a promise to do so, and even if it were a promise, it would be legally unenforceable for lack of consideration. In short, it is the owner's call, and the Commission is without remedy to enforce the Certificate unless the grounds had deteriorated greatly. (2) There is a specific section of the ordinance which addresses this issue. Citing the South Bend ordinance, §21-117.2(e)(7) concerning a structure within a historic district or a historic landmark, the Commission has the following power: "The Historic Preservation Commission may petition a building commissioner or his designee and the Department of Code Enforcement to cause the maintenance and/or repair of any historic landmark or property in Historic Preservation Districts. All appropriate legal remedies at the state and local levels shall be utilized by such officials when seeking compliance with standards established for preserving and protecting historic landmarks and historic preservation districts as further addressed in subparagraph (f) herein, which are in accordance with the intent of this article." The current practice of a letter from the Executive Director is not a replacement for this step, but can be utilized as a prerequisite. (3) While the ordinance provides the mechanism for bringing the offender into court for a fine, we have adopted the policy that an ex post facto COA is in the best interests of all concerned. There is nothing in the ordinance which prohibits such a policy. H .\WPDATA\TLB\Memos\Hist Pres.frm Historic Preservation Commission Policy Regarding Residential Fences October 2001 In the late 1800's and early 1900's, when most of the historic neighborhoods in South Bend and St. Joseph County were being developed, communities and real estate developers generally desired an open and park like atmosphere in their neighborhoods and residential developments. For this reason, fences which created obvious or obstructive barriers or visual divisions between residential properties were avoided or occasionally prohibited. Walkways and tree -lined streets were designed so as to give relatively sweeping views. The task and challenge for historic preservationists is to preserve the historic character of historic district neighborhoods as common showed parks (at least as far as view is concerned), while accommodating as far as possible the desire that many people have to exclude from their homes and yards modern neighborly inconveniences such as l yjJ G� ��—� -�a- z�O� ►' noise and heavy traffic. / Our, policy to accomplish this is as follows: back yard fences are generally permitted, so long as the fence in question does not actually obstruct or inconvenience a neighbor, or diminish the value or enjoyment of a neighbors property. Side yard fences that are four feet tall or less, and that are at least fifty -percent open and no more than fifty -percent solid are generally permitted. Side yard fences that are more than four feet tall, or that are more than fifty - percent solid, are generally not permitted, unless special circumstances apply which make such a fence appropriate. Front yard fences are generally not permitted, except that the Edgewater Place Historic District has adapted standards, which specifically permit front yard fences along Lincolnway East. Except for Lincolnway East in Edgewater Place, front yard fences more than three feet tall, or more than fifty- percent solid, are absolutely not permitted in any circumstance whatsoever. Even relatively low and open front yard fences are generally not permitted, but occasionally, in limited circumstances, and where the home owner can show that specific circumstances apply making a relatively low and open front yard fence appropriate in his or her particular situation, a Certificate of Appropriateness may perhaps be granted. Th: Historic Preservation Commission will not grant a Certificate of Appropriateness for any fence around any residence, where it is shown that such a fence would detract from the historic character of the neighborhood and the value or enjoyment by neighboring residence of their own property. Definition of "back yard": that part of the property which lies behind a straight line drawn along the outside back wall of the house, straight over to the property line on both sides of the house. Exception: if the house is on a corner, then the back yard is behind lines drawn from the back corner of the house, straight over to the nearest property line between that house and the neighboring yard. Definition of "front yard": for houses on straight streets, or houses on curving streets that curve away from the house, the front yard is any part of the yard in front of a line drawn along the front interior/exterior wall of the house, straight over to the property line on both sides of the house. If the house has a front or side porch that extends towards the street, the front line of the porch is considered to be in the front yard and the front yard is considered to begin along a line drawn even with the solid front wall of the house. For houses on curving streets that curve towards or around the house, and for houses on street corners, the front yard is any part of the yard in front of a line drawn along the outside back wall of the house straight over to the property lines on both sides of the house. The question of side yards only arises for houses on straight streets, on curving streets that curve away from the house, or for houses on street corners, the side of the house away from the corner. The side yard, in all of these cases, is the portion of the yard that lies between the front and back yards, as defined above. Pursuant to the request of Commission Member Richard Morrison, the staff of the Historic Preservation Commission has prepared this written summary of Commission Policy Regarding Residential Fences, for consideration by the Commission at its October 15, 2001 meeting. October 5, 2001 2001-1005-2 November 8 November 13 STAFF—APPROVED APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS Mr. & Mrs. Vern Cronk 1818 Lincoln Way West South Bend, IN 46601 1) Trim 5' hedge bushes around back yard facing alley & facing Brookfield Street to form a straight line, accommodating a new fence and removing deadwood; 2) Inside hedge, install 5' high chain link fence with bottom tension wire; 3) Install 3' wide single gate at walkway facing Brookfield & 12'wide double swing gate at driveway facing alley. 2001-1108 Mrs. Lorraine Sedam 219 East South Street South Bend, IN Remove & haul away a layer of existing asphalt roofing, & re -roof house, repairing decking & paper; also replace shingles with black asphalt shingles made by Owings Corning. 2001-1113-2 Jed & Paula Eide 1121 East Wayne Street North South Bend, IN 1) Replace 11 steel casement windows (21 sashes) on the second story of the house with Marvin Aluminum -clad wood frame casement windows. 2) Because the windows being replaced are the original 75 -year-old windows, the new one shall fit the existing openings, have the same - setback, and the same muntons dividing each sash into 8 lights. November 29 2001-1129 Brendan Crumlish for Mrs. Ruth Crumlish 1091 Riverside Drive South Bend, IN December 6 December 7 1) Replacement of deteriorated galvanized steel flat or slightly sloped roof over front entry with new lead -coated copper roof. The appearance of the roof should remain essentially the same; the material will be improved. 2) Replace gutter along new roof up to existing downspout. 2001-1206 Gregg Brasseur 1206 East Wayne South South Bend, IN 46615 In kind re -roof of house, asphalt shingles to asphalt shingles. 2001-1207 David Jones 1134 East Wayne Street South Bend, IN 46615 In kind re -roof of house, including removal of existing asphalt shingles down to decking, & replacement with asphalt shingles. N ,4 LLo* ADAMS pIC,�UgES -t� t' ! r7� �,-# 4 �.c %,) W, ?�Twji W irrm iW 'M U. -M is 149 UF,�A� a f •f,!*, 46 Jr t YR. +��'�drls'��* • � %�i°'�`",� ,�L�'F*��°Ji` E t l «4 f �`, ill# f V.r+r; �,,• s� �t w i 1 k r'P Aiv'' � �J C�,•r 4r p+1.r v' rrr���,' � v � V'y .- y�rr; .. ✓,. r tf- r ryti'r��4 Ll G'.i?� .L�.�l+��y - � t � �, . . 'ii � }) ♦cX \q ..L,v / J4��1�• h. t, r. �, W � _ �2 � .ry4ih ��LyL�y _`alb -+. rrti'lkoAnM�, w:itrj! t1..i.��J�•, .��rV ,^`s ew,J'"4f�1 -.. `.;Y��r `tiL = 1rL.•--1 1 +1 1,11,'I C_ r ,FSK e[ -"r ��r,+ �,,i . ;tr,.V: �.1-.. J!•ri �Y"J ��t%,s,�r�`L. r �"y'. ! �i 1 r ," MARQUETTE ELEMENTARY October 10, 2001 r -r CD O r-+ N m O O � South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION Office Address - 125 S. Lafayette Mailing Address - 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone: 219-235-9798 Fa x: 219-235-9578 e-mail: historic@michiana.org John Oxian, President A Certified Local Government Rhonda Saunders, Director ADDITIONAL INFORMATION ON OLIVER SCHOOL, OCTOBER 2, 2001 According to Donna in the Auditors office Oliver School has been up for sale twice and there have been no buyers. The county now holds a certificate to the property. Which means they can decide whether or not to sell it next March. However, someone could make an offer on the building for less than the current taxes that are owed. If the Auditors office decides to put in back on the sale block, they will decide at what price some time in February. John Lentz, Auditor, is the person who will make the decision. His number is 9668. Wayne Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable COMMISSIONERS Martha Choitz Richard Helmus Jerry Weiner (Treasurer) Mary Jane Chase Catherine Hostetler (Vico-President) Gerald Ujdak (Secretary) Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar(Attomey) OLIVER ELEMENTARY October 10, 2001 .«..--..-'�T�e'�.` ""`. _.ate-+. .. �. � -_ •�.;. Tyg^.:`",,.E. �� �r• - r. - -- - - $ .. r., " •.t , �. "'gar 'e� s*^�k=r'"" . , r i'rn� ' Yy.Rir's�=cT'i+`'' Kim f# LX 14, PA To PERLEY ELEMENTARY October 11, 2001 JEFFERSON ELEMENTARY October 11, 2001 ./��� ,r ��. .a• + l•ar • X71 ly`�` \7� •�:��i••,JI '7 �7`, 1�= ���7 �r� ` .�•�'� 11y a apt r •. \fi/\k. \;111 r d k. `' � (r x �y"j •Tr^�`•7' '�� � •1 ••i��,, j. 7 � _ ,�;}�''h, 1f� i y�' � � 3;#3'1 � � •. 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