Loading...
HomeMy WebLinkAboutSeptember 2004ii P-7-77771'7 tS - - �� � � bs ` �AGENDA�OF THE SEPTEMBER ZOO; 200 � �° `� � o N MMISSION MEET COING Regular Meeting — 7th Floor — County -City Building Monday, September 20, 2004 7:30 PM I. CALL TO ORDER, ROLL CALL H. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. 2004-0830; 1049 Riverside Drive; replace rear wood storm door; replace original wood double -hung window with glass block window. 2. 2004-0903-1; 740 Bronson Court; replace wooden retaining wall with stone wall and metal fence. 3.. 2004-0903-2; 739 Bronson Court; Infill Building, 30"x56" house with 6/12 pitch gable -front roof and 3011x22” detached garage. B. HEARING OF VISITORS M. REGULAR BUSINESS A. APPROVAL OF MINUTES: June 2004; August 2004 B. TREASURER'S REPORT C. COMMITTEE REPORTS: appoint nominating committee D. STAFF REPORTS: 1. C of A Approvals; Correspondence. 2. Grant status 3. Legal Report (a) Reduced Property Tax Assessments for Easement Properties (b) Fair Labor Standards Act; new interpretative Regulations ( c) Review of Public Notice requirements IV. OLD BUSINESS 1. Chapin Park Local Historic District Update 2. Re -authorize Memorandum of Agreement with Historic Landmarks Foundation for new City Decennial Survey and amendments to County Survey. V. NEW BUSINESS 1. Accept resignation of Historic Preservation Commission officers (Secretary Virginia O'Hair; Treasurer Catherine Hostetler) 2. Appoint interim Secretary & Treasurer to serve through December, 2004 3. Accept resignation of Director 4. Review Applications received for director position VI. ANNOUNCEMENTS, & MISCELLANEOUS MATTERS; ADJOURN STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 09/09/04 Application Number: 2004-0830 Property Location: 1049 Riverside Drive Property.Owner: Ann & Tom Price Landmark or District Designation: Riverside Drive LHD Rating: Contributing - 9 Carpenter Builder — Queen Anne APPLICATION ITEMS: A.) Replacement of rear wood storm door (single light over two -panels) with a triple track aluminum storm door. B.) Original wood double hung window with glass block window. Staff has approved the installation of wood storm windows and a rear door to replace an existing and inappropriate solid Colonial style cross and bible door. PRESERVATION STANDARDS IIC. Required: Original windows and doors shall be retained including sashes, lintels; sills, shutters, decorative glass. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended: Wood frame storm windows and doors painted to match the original should be used but should not damage existing frames. If new sashes or doors are installed, the existing or original materials, design, and hardware should be used. Prohibited: Inappropriate new window and door features, such as aluminum insulation glass combinations that require the removal of the original windows and doors, shall not be installed. HIB. Not Recommended: Glass block should not be used. RECOMMENDATION Part A: Rear storm door, In 1992, the present owners received approval to replace an inappropriate storm door with the very. nice existing wood storm door. It has a large single light over two panels. As the Riverside Drive guidelines recommend wood storm doors, this existing door is in keeping with the philosophy of the district's rehabilitation guidelines to encourage restoration of original and appropriate materials, if not design. This door has unfortunately warped due to sun exposure and weathering, and the door hardware (springs and hinges) is broken. , The Price's propose to install a triple track aluminum storm door, which is not historically appropriate to their Queen Anne — Carpenter Builder style house based on the proposed door's materials and design. The proposed door is as historic as the storm door existing at the time of the district's founding, but not as appropriate as the present wood storm door. Staff would have recommended a replacement wood storm door similar to the design of the existing storm door. Part C: Bathroom window replacement The Price's propose to replace an original wood double hung window with a glass block window. The window is located on a wall located within the shower stall. A parted curtain provides some protection of the window from water, but mainly.it traps moisture and mildew on the windowsill and sashes. The bathroom does not have an electric fan that vents moist and humid air to the outdoors. The window weight system is broken and the window needs to be propped open, but currently it is not. The bathroom does not have any ventilation, which would be the primary way to solve the Price's moisture problems. They are planning to install an electric fan to vent to the exterior.. The Riverside Drive Historic District guidelines clearly state that original windows shall be retained, and that glass block windows are not appropriate to the district. Staff has inspected the window, suggested some carpenters who would be able to refurbish the wood window, and donated Abatron Wood Epoxy and Consolidant to the Price's. Fixing the window weight system with either new chains or cords would allow for an open window to increase ventilation in the bathroom. Staff has also recommended a different shower curtain configuration to better keep water from directly hitting the sill and sashes. Other historic house owners have used wooden boat paint to protect their wood windows. Please note that a glass block window will not increase bathroom ventilation, but it would absolutely stifle any chance a breeze would be able to enter the room. It seems possible that with the owners' current plan to install a fan, with a different curtain, and with refurbishing the window with Abatron, a new weight system, and a meticulous paint job, the wood window could be retained. As stated in the district's guidelines, glass block is not an appropriate building material or window type and should not be used.- It is my understanding that Bob Yapp had not consulted the historic district's guidelines before advising the owners' to use glass block (see owners' letter). Other historic house owners have removed previously installed bathroom glass block windows because they had shifted in the opening and cracked. Based on the district's guidelines, the glass block window is inappropriate and staff does not recommend approval of this portion of the application. Application -FOR- Certificate of Appropriateness Historic Preservation Commission of South Bend & St. Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 iVlailing Address: County -City Building, South Bend, Indiana 16601 Phone: 574-235-9798 • Fax:574.235-9578 • Email: historicCimichiana.org I''ebsite: littp://con-Lniuriity.niicliiitii.org/Iiistoric/ A Certified Local Government OFFICE USE ONLY—-- DO NOT CO VPLETE ANY ENTRIES CONTAINED N THIS BOY --—OFFICE USE ONLY Date Received Past Reviews: [:]YES (Date of Ust lienicto) Staff Approval authorized by: Historic Commission Review Date: Application Number — — — — - Local Landmark Local Historic District (Name) _ National Landmark National Register District (Nance) Certificate of Appropriateness: NO Title: ❑ Denied E] Tabled E] Sent To Committee ❑ Approved and Issued DATE Address of Property for proposed work: I ( ) q� RIVct-St C/ Di IV i j, nnStreetNunberand Street Name Name of Property Owner(s): (Please Print) �n 4,O ` 1 _ C) C e Address of Property Owner(s): c�sa f \ ` 1 Contractor(s) Name: I& In �7tPe' Contract Company Name: Contractor Address: City: Current Use of Building: Type of Building Construction: Phone: U (Single Family r /Multi -Family - Commercial - Government - Industrial - Vacant - etc.) ( Wood Frame — Brick — Stone — Steel — Concrete — Other) Proposed Work: 0 -In-kind F] Landscape E] New SKReplacement (met in-kind) [:] Demolition (more than one box may be checked) I ( c Description of Proposed Work: /1�AgI—I'ti�' TfCtC�t1Sa�� a !D(Ctce/)^Clti� O� CtlVtYlcnt (►�-�(<�1 �X �r'tr�n/ S���/Kn SU SE°Y) 31 kck((acg%zijk G� C�t 4Y1111LYh (G�( tci st-,rm CAJ 61 G,/se's C/te4l.0gf nC/�s�����ss Owner/Contractor. Fax: e-mail �� f��1nG4t}C ft�SSt�� (Tris office will correspond with only one designee) ` (Z() �Y�--�J�Z.G[� and/or Sigiiature of Owner Signature of Contractor — APPLICATION REQUIREVE,NTS ARE LISTED ON REVERSE SIDE — -Julie -L. Schutte Assistant Director Historic Preservation Commission 227 W. Jefferson Blvd. South Bend, IN 46601-1830 Monday, August 30, 2004 Dear Julie, I'm attaching this letter of explanation to our application for a Certificate of Appropriateness for a variety of construction projects for our house at 1049 Riverside Drive because, based on your letter of Aug. 17, I'm afraid you have completely misunderstood my explanation by telephone. I am hopeful this can all be approved no later than the September Historic Preservation Commission meeting, because we are scheduled to begin preparation work for exterior painting of our home that month and we would like the work (described below) to be completed in conjunction with the painting. First, to summarize our overall plans for exterior in-kind and replacement work requiring Certificates of Appropriateness: I) In-kind replacement of deteriorating exterior rear storm and rear entry door. (This includes rebuilding a rotted threshold.) The new doors were purchased at Home Depot and a local contractor will perform the installation. 2) Replacement of historically inappropriate aluminum -track exterior storms/screens with '`historic storm/screen combo" wooden storm windows (highlighted in the July 3 HPC - promoted seminar featuring Bob Yapp of Historic Landmarks Foundation's Northern .Indiana office in South Bend). There are 12 such aluminum -track windows on the second and third stories of our home, where we are considering this kind of replacement. (The first story has the oris-inal wooden storms.) Depending on costs, we plan to replace at least the four front -facing windows now, possibly more. These replacement windows are manufactured by Adams Architectural Wood Products in Eldridge. Iowa, and are clear pine. preservative -treated. with full mortise/tenon joinery, double -strength glass, full screens and factory priming. Before the HPC -sponsored seminar, we had originally planned to have the aluminum tracks painted to better blend in with the house's color scheme, but now that we are aware of a practical, energy-efficient and historically appropriate solution, we're trying to implement this change somewhat late in our home - improvement schedule. 3) Replacement of historically inappropriate aluminum -track exterior storm/screen outside the second -floor bathroom on the east side (driveway side) with the house's original exterior storm using Frosted -glass pane to prevent gazing into the bathroom from the house across the driveway. (According to Bob Yapp, homes in this era typically used frosted glass in their bathroom Nvindows.) This window would be weatherproofed and be able to be removed from the exterior only (in the event of broken glass). In relation to project 3, we al'so wanted to inform the Historic Preservation Commission of some interior work we are doing .N.-ith a renovation of our second -floor bathroom. Because this is interior work. we do not believe a Certificate of Appropriateness is required. Nevertheless. because we are concerned about the historic character of our home, as well as its efficiency for 151 -century life, we want to share with you the frill details of our plans. The second -floor bathroom is currently experiencing serious mildew problems and water damage for lack of adequate ventilation and, frankly, design that does not accommodate the use of a shoNver/bath. The second -floor bathroom window (described in project 3 above) is actually located within the bath/shower unit itself, and the 2 x 3%-f6ot wooden window frame and sill are experiencing significant rotting, despite having been repainted several times during the 13 years xve have lived here. While we believe our plans to add a through -the -roof ventilation fan will take care of the general mildew problems. we have searched for other ways to remedy the problems of the rotting window frame and sill. (In 13 years, we have learned that the curtain rod and shower curtain over this window does not work. And in our family of four, this is used extensively and primarily as a shower.) In consulting with local contractors, Nve've heard a variety of suggestions for chances. One suggested simply completely covering over the window from the inside with a plastic shower/bath enclosure - not the kind of slipshod work we would do. In the end, after consulting again with Bob Yapp of Historic Landmarks, we believe the best solution is to remove the interior window and sill while we re -tile the bathroom wall and construct an interior glass -block wall in place of the rotting wooden window frame and sill. This would provide a waterproof interior surface and plenty of light within our bathroom. On a personal note, it took a while for us to overcome our own knee-jerk opposition to any mention of glass block in the same sentence with historic renovation. Yet, with the installation of what for all intents and purposes is a fixed original exterior wooden storm window kvith frosted <-,lass, the interior glass block wall would not be visible from the exterior. While I'm delivering this letter and the C of A application in person, I hope to e-mail pictures of the bathroom window so you can see what Fin describing with your own eyes. Please feel free to contact me if you have any questions about these projects or need additional information or documentation. While our contractors have not been finalized for all our projects at the time of this writing. we are receiving a bid from a local contractor recommended by Bob Yapp as having experience with these historically appropriate replacement windows. Thanks again for your consideration. We anticipate filing another C of A application in the coming month for exterior landscaping work to our home, so I plan to be in touch. Sincerely, L`kle Tom Price 1049 Riverside Drive. South Bend, IN 46616 Riverside Drive HPC liaison committee member Home: (574) 288-3508 Mobile: (574) 514-2169 Work: (574) 523-3021 E-mail: Toml''r i\-1tnnoniteMission.net mil -6;k m a .�L��ijr c r�T. >r r7.. 1 i,� P' .� 4 1� y 1{:.�„ J�,F•3.�S _ }#`"�^l�{e ,r; >i .',r�t�"' i. r14 f _ l Y" ,'.�• i a•.� � tali 1c t �� �' � { Ott ry{�°'. � t > � . €v �x�%�'� ... r--•-�^ n -ri ;'+ it elzf _ a _ tnr,! Zz s fyttrr✓pYCi} �,} � y ,d:xr.k''?� x s'"` -Yr '+ zt r - t �.� '�} •�».....s-tea,"-'`jt'''' r : Fsx �, .'1�'+yn �:.. a 'f ya X s ar� � f: � s rt't..,�.p.y.djr� 3 � � ' ; �. • • s. 41 �� G,y 3' Y 5 6 } # •�.y{�"j `S it _ A t .. 'mai�.{ h tl' M1.�,+ ?, � �• -� � _d �' +In.y...r.• ' f ' '._ Ki �t 1,+?3� t'r5'';t-{�S.f,��y, -� f- C - �'���t •,t, !:. � _ .A� ' -tV �v a� � r •^"' a y S z j s z t ! i ;,• X �� _3.�,.. �;r., -�.%. "-} %. a 3�1 r- . a_'.. .,-.b !- ...^n*:_.. - Ai- :�- _.C+w.`•'..Y:� A I-. 1*'� 1 S 4�1 y • F y f� d r 42 i 1 s 4 >C' 4 s t I t�A a .�L��ijr c r�T. >r r7.. 1 i,� P' .� 4 1� y 1{:.�„ J�,F•3.�S _ }#`"�^l�{e ,r; >i .',r�t�"' i. r14 f _ l Y" ,'.�• i a•.� � tali 1c t �� �' � { Ott ry{�°'. � t > � . €v �x�%�'� ... r--•-�^ n -ri ;'+ it elzf _ a _ tnr,! Zz s fyttrr✓pYCi} �,} � y ,d:xr.k''?� x s'"` -Yr '+ zt r - t �.� '�} •�».....s-tea,"-'`jt'''' r : Fsx �, .'1�'+yn �:.. a 'f ya X s ar� � f: � s rt't..,�.p.y.djr� 3 � � ' ; �. • • s. 41 �� G,y 3' Y 5 6 } # •�.y{�"j `S it _ A t .. 'mai�.{ h tl' M1.�,+ ?, � �• -� � _d �' +In.y...r.• ' f ' '._ Ki �t 1,+?3� t'r5'';t-{�S.f,��y, -� f- C - �'���t •,t, !:. � _ .A� ' -tV �v a� � r •^"' a y S z j s z t ! i ;,• X �� _3.�,.. �;r., -�.%. "-} %. a 3�1 r- . a_'.. .,-.b !- ...^n*:_.. - Ai- :�- _.C+w.`•'..Y:� A I-. 1*'� fpd 1rrpt ............ 1"BY It .f. -- CIE— A/Z e Air 4 CA "A"A4 -49( A/Z e Air 4 CA "A"A4 T. It � 44 q yl 4 , 4Lt: e Air 4 CA q yl 4 , 4Lt: w. 2 ar ( ,vt• "'•z 'i- .y, �e yi�ea .F C�.'� cf k hi4 '�- ztt t r_ f. .t+ Y• k i, +�. !• «< �"� �� T' "- � �Frarl��i: 1'�a� �§ y� � +i'ii - �i ��L'� i. 'i • 3,�+h�+ 8S 't� �- . i �n-._ _. s . {x.�. � ^. r'� .-..�%�l. L<'fi;�, _ ����s,`-t ,� +�.,SL4�'ts�it"4.,��,������� � '<�sr"�"+cfi'"� � �,.,_. •ay �4:. . YR 4 4hsY"af f `, t �r WARRANTY WARXIA rr'r . �:•'✓e. :.ar^+�.z..4yJ •r.tn'xs'liafi -.� �' r-. 1. ..": Y -. g 1 - Ij Rt �. 1. . ,. V W tOCwt -RQortW----; i RE1'.Ek IN itiil3l ?f i HE) 300002500 ►pte-Track Door -'Triple-Track tol~ �ou,,-Of' Quad, srezi. -D ( Yv-\ luve solid -brass handlei tti-:t t..- ".:,,: r .. 60 O � se "riside and out * was 'finish � - � • 6ra,� 4° 4 _'• ! p ; sw �� z.."'" �� : �. Colo m,.i!� - �'Cpiol� ^tied Closers 1 `" S - gdple-iacicr Reversible hinge opt�:� S }'ugh-btiitfori closer or botr: K. bodbblr wlt6 keyed lock Is • {)fi;3G�C1Ql' watt �c"!'t'i~ �`.�-'�. 7tlilt Into the door frame built Inti; the i; of ' •i'"- be f dyed 10 nja,,crt yi)ur • Can be ✓.eyeo ',Cl •`11 i r yyrf�v1_(additional gulch 'Ise Kwikset (iiC!c�iS c�rt�l PU required) or St'nid(it qt .Schlage , f tnf-It ulFtti 1r.!, r D Yti='� STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 09/09/04 Application Number: Property Location: 2004-0903-1 740 Bronson Court Property Owner: Elizabeth and Ron Farr Landmark or District Designation: Edgewater Drive LHD Rating: Non-contributing -- Built in 1877; 1980s faux stucco and timber siding over gabled ell frame house APPLICATION ITEMS: Replace wood railroad tie retaining wall with a 4' high wall. The proposed wall would have a concrete footing, concrete block bearing wall with 12" blocks, field stone facing, and sandstone cap. The proposed wall would also have 8" by 8" posts to designate entryways and corners for -future lights. Staff has not received a drawing of the proposal nor have the owners determined what types of lights they propose to install on the wall. [Slight changes PRESERVATION STANDARDS IA. The Environment; Required: New plant materials, fencing, walkways, streetlights, signs, and benches shall be compatible with the character of the neighborhood in size, scale, material, and color. IB. Building Site, Landscaping, and Accessories; 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 be appropriate to existing surrounding site elements in scale, type and appearance. RECOMMENDATION The Edgewater District guidelines note, "Individual properties in the district are characterized by a house located in the center of a flat lawn, often divided by a walk leading to the front entrance" (page 29). In the early 1980s, the present owners of 740 Bronson Street constructed a rather sturdy barrier around their house with railroad ties of varying heights. The affect is somewhat reminiscent of a medieval fort with a faux -Tudor cottage within its walls. According to oral history, this property once had a weathered concrete retaining wall with a Victorian wrought -iron fence. The Edgewater District guidelines recommend new site work should be based upon the past historically contributing appearance of the property. A concrete wall and wrought iron fence arrangement would be most appropriate to the yard, and the period in which this home was originally constructed. There are some very attractive iron fences and concrete retaining wall arrangements to be found in South Bend including: 405 West Wayne Street, a Second Empire residence, Trinity School, and the Hansel Center. Both of these examples are scaled for an urban or institutional site. A more residential scaled curb and fence would be appropriate to the property and the district as shown in the images provided with the staff report. In addition to the concrete wall with the iron fence, several raised yards gently slope towards the sidewalk within the bounds of the district. This treatment would also be appropriate to 740 Bronson. As staff has not received a scale drawing of this wall though staff advised the owners to submit one with the application, staff was not able to draft a complete report and cannot recommend approval of the application. Staff would recommend the owners review the philosophy of the district and the landscape history of their property before proceeding further. --rIp►cAL- V ►cTDRr►AQ 9-ar 15F-Ocff T7PF-S if ����E wlTK G»ces,�rf- CL;Qe l Wj � �1 �� Ick ��•. _ . [,•�._���] r�� lig _ � - oil7. off lot e�AW ! t•� Iwo li; IL IYUAK- � � I • Application - FOR- Certificate of Appropriatetiess Historic Preservation Commission of South Bend & St. Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 Mailing Address: County -City Building, SouthBend, hidiana 46601 Phone: 574-235-9798 • Fax:574235-9578 • Email: historinicluana.org Website: http://commurtity.micliiana.org/historic/ JF.. \ A Certified Local Government OFFICE USE ONLY—»» DO NOT COMPLETE ANY ENTRIES CONTAINED IN THIS 00X >-—OFFICE USE ONLY Date Received C1-03- C) Application Numbero- ° 0'I - 0503-1 Past Reviews: [:] YES (Vale of Ust Rcviczo) Staff Approval authorized by: Historic Commission Review Date: 10� Title: Ej Local Landmark Local Historic District (Nano) gd jf--L"�Tlac� E] National Landmark F] National Register District (Name) Q Certificate of Appropriateness: ❑ Denied [] Tabled ❑ Sent To Committee E] Approved and Issued • DATE 04�/-�1o�0 K / Address of Property for proposed work: / / Street Number and Street Name Name of Property Owner(s): (Please Print) (�P�`�;Z,4um_ ` '/52- z Address of Property Owner(s): {V ej d' -f 0,.,) C Contractor(s) Name: — ��e 1� Contract Company Name: 6,12 Contractor Address: 7�0/t City: 'rB y/ T7 Phone: ��LlZ�c3 Current Use of Building: (Single Fmnil y — Multi -Family — Commercial — Government — Industrial — Vacant — etc.) Type of Building Construction: ezg= ( od Frame — Brick — Stone — Steel — Concrete — Other) Proposed Work: In-kind ❑ Landscape [] New (X Replacement (not in-kind) E] Demolition (more than one box may be checked) Description of Proposed Work: c a �a®_r Aut r.l/S'/�NosT Ne C��5�.aZ A%4VQ aPry Ptnn_Ne1L4 k_EoNce-2r Owner/Contractor. Fax: e-mail (This office will correspond with only one dcsignce) nd/or Signature o mer Signature of Contractor — APPLICATION REQUIRENIENTS ARE LISTED ON REVERSE SIDE — STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 09/09/04 Application Number: Property Location: 2004-0903-2 739 Bronson Court Property Owner: Elizabeth and Ron Farr Landmark or District Designation: Edgewater Drive LHD Rating: Vacant Lot — previously occupied by a one and one half story frame gabled ell APPLICATION ITEMS: Build 30' by 56' house with a 6' front porch, a 6/12 pitch with gable facing the street, and a 15' setback. Build 30' by 22' detached garage. PRESERVATION STANDARDS IIIA. Height and Proportion Required. The height of a new structure and its height to width proportions shall be consistent with adjacent buildings in the district. The building height shall be no greater than that pf the tallest building and no less than that of the lowest existing structure of the same block. Facade proportions shall be established by permitting no structure with a fagade wider or narrower than those existing in the same block. _ Recommended. Contemporary designs should be compatible in character and mood to the building or neighborhood. Not recommended: Any style or period of architecture that is incompatible with what exists should not be permitted in the new additions [in this case new construction]. RECOMMENDATION The Edgewater Place Historic District standard that states, "Contemporary designs should be compatible in character and mood to the building or the district" infers the question "What designs would be appropriate to Bronson Court and the Edgewater Place historic district?" The district guideline books offer many historic styles which would be appropriate guides for contemporary buildings: bungalows, arts and crafts, American Four-square, Prairie, Dutch Colonial Revival, or Colonial. There are several historic house plan booklets that have been reprinted to aid contemporary designs, which were included in the July HPC meeting packets. The owners submitted only a drawing of the elevation of the proposed fagade. Staff would characterize this fagade as Contemporary Greek Revival due to the large triangular pediment created by the gable roof and square porch posts. According to the district's style guide and period of historic significance, no Greek Revival structure is extant in the district, and the office does not have any record of such a structure's existence within the district's boundaries. The proposed fagade also has a circular louver, shutters, and large double hung windows across the fagade that seem oddly spaced in conjuction with the porch posts. Most of the residences in the district are two -stories tall and are square in plan. Those that do have gables facing the street are two -storied and have projecting front porches such as: 520 River Avenue, 528 River Avenue, 651 River Avenue, or 701 Lincolnway East. These houses exemplify the Craftsman, American Four -Square, and Bungalow styles. The few houses that are one story in height have either complex rooflines (525 River Avenue — Airplane Bungalow and 655 River Avenue — Gabled Ell) or have gables that do not face the street (5 10 River Avenue -- Bungalow). The homes located on Bronson Court are typically vernacular styled buildings with gabled ell form. Residences of this character have a more complex roofline and form than the proposed in -fill residence. A contemporary design that reflected the proportions, roof lines, style, height and depth of the existing homes on Bronson Court would be appropriate to the existing structures in the Edgewater Place district. The proportions of the proposed garage are also not in keeping with the other outbuildings and garages located within the district. The proposed garage is practically three times the size of most of the garages in the district and would cover a significant portion of the lot. As staff has not received side elevations of the proposal, a materials list, the height of the proposed structures, and a finalized site plan, staff cannot provide a finalized recommendation to the Commission, and staff recommends that this application not be approved. Staff does note that the drawings as submitted depict a building that is not compatible with the character and mood of the district, as the.proposal's style is not in keeping with the characteristic styles of the buildings noted in the Edgewater standards, and the proposed garage and house are not proportional to other structures in the district. Staff would recommend that this proposal is incompatible with the district. Edgewater Place Local Historic District Guidebook 730 Bronson Court (contributing) Vernacular Built in 1910, probably by Whitcomb & Keller Corporation as a rental. The house was eventually sold to Mary Souder Richards, who sold the house to Oran Souder in 1925. Mr. Souder had been a postal carrier in California. He rented the house out until 1948. 732 Bronson Court (non-contributing) Gabled Ell Built in 1892, probably by William H. Harper, a grocery store owner and real estate developer. He sold the house in 1894 to Samuel M. Robinson, owner of S.M. Robinson and Son. Mr. Robinson sold the house to the Indiana Real Estate Company in 1903. 733 Bronson Court (contributing) Gabled Ell Constructed 'in 1892, possibly by real estate developer and grocery store owner William Harper. The house eventually was sold in 1901 to William M. Garfield, a piano tuner. Mr..Garfield resided here until 1941 when he moved to Illinois: 735 Bronson Court (non-contributing) Gabled Ell Built in 1892 by William H. Harper, founder of Harpers Court Addition to the City. Mr. Harper sold the house to Levi Cottrell in '~ December of 1892., Mr. Cottrell was a Civil War veteran. He owned the house until his death in 1919, at which time it was passed down ` to his daughter, Lillie Armstrong. 736 Bronson Court (contributing) Gabled Ell Originally constructed in 1877, the house's earliest known owner was William H. Harper, a real estate developer. He sold -it to Samuel Robinson along with 6 other lots in 1894. Mr. Robinson was owner of S.M. Robinson & Son Real Estate firm. He used the house as a rental. 739 Bronson Court (demolished 1995) Gabled Ell Built in 1892 by real estate developer William H. Harper, who sold the house in 1894 to Benjamin Armstrong. Mr. Armstrong sold it in 1896 to Joseph B. Arnold Sr., a farmer. He resided in this house until his death in 1920, after which his children sold the house to painter James Hier and his wife, Sarah. Page 11 Guidebook Edgewater Place Historic District 740 Bronson Court (non-contributing) Gabled Ell Originally constructed in 1877, the house was sold to Oran Huff in 1889. Mr. Huff was from one of South Bend's pioneer families and was president of Huff Lumber Company. He sold the house in 1908 to Catherine Huff. 801 Bronson Court (non-contributing) Free Classic or Qiceen Anne Built in 1912 by real estate developers Whitcomb & Keller as a rental property. They rented the house to Vinnie & Mahlon Rhoades in 1926 and sold it to them in 1929. Mr. Rhoades died in 1931 and Mrs. Rhoades remarried to Adelbert Cottrell, an employee of I&M Electric Company. 805 Bronson Court (non-contributing) Free Classic or Queen Anne Built in 1912 by the Whitcomb & Keller Corporation as a rental and sold to Ralph & Bernice Heick in 1921. They sold the house a year later to Joseph Heick. Joseph rented the house to Ralph & Bernice Heick until 1938 when it fell into the hands of the Home Owners Loan, Inc. 509 Edgewater (contributing) Colonial Revival Built in 1924 by the Whitcomb & Keller Corporation for Roy W. & Marie Fries. Mr. Fries was the manager for Sailor Brothers furniture store. He and his wife lived in the house until 1937 at which time they rented the house to Robert Sutton, a salesman. They sold it to him in 1939. 517 Edgewater (contributing) Colonial Revival Built in 1923 by real estate developers Whitcomb & Keller as a rental. Its first tenant was Albert Klinger, a bank director and pres- ident of South Bend Supply Company. Whitcomb & Keller contin- ued to rent the house until 1937 when they sold it to Wilbur & Julia Stamm. Wilbur was an engineer at I&M Electric Company. 519 Edgewater (contributing) American Foiirsgztare Built in 1919 by real estate developers Whitcomb & Keller as a rental property. They rented it to various tenants until 1930 when it was sold to Dow & Hazel Keim. He ran the Tyler-Keim Tire Com- pany. They resided in the house until 1944 when Dow gave his interest in the house to Hazel. Hazel Keim worked for the Abstract Title Company for 30 years. In 2002, the Cochrain family restored the front facade and revealed rafter tails. Page 12 Guidebook Edgewater Place Historic District 510 River Avenue (non-contributing) Bungalow. Built in 1920 by developers Whitcomb & Keller as a rental. They rented the house in 1926 to Leos Cunningham, selling it to him in 1929. Mr. Cunningham was a second Lieutenant in the Army as part of the Army Intelligence Corps during World War I. After the war he returned to civilian life only to return to active.duty in 1936. 512 River Avenue (contributing) American Foursquare Built in 1922 by developers Whitcomb & Keller who rented it to Frank and Margaret Swonk, selling it to them in 1927. Mr. Swonk was a salesman for Phoenix Manufacturing Company out of Joliet, Illinois. He lived in the house until 1953 when he gave the house to his daughter, Frances, a nurse. 513 River Avenue (contributing) Bungalow Built in 1920 by developers Whitcomb & Keller for Charles D. & Susan Robinson. Mr. Robinson was a machinist at the Studebaker plant in Detroit for 23 years. He transferred to the plant in South Bend in 1920 to become a troubleman and foreman. Mr. Robinson died in 1935 leaving the house to his wife. 516 River Avenue (contributing) American Foursquare Built in 1920 by developers Whitcomb & Keller for James & Eleanor Lowry, who purchased the house in 1929. Mr. Lowry was an autoworker for the Studebaker Corporation for 22 years. He resided in this house until his death in 1942, after which his wife moved but retained it as a rental. 517 River Avenue (contributing) Bungalow Built . in 1921 by Louise Schiffbauer, widow of Herman Schiffbauer. Mrs. Schiffbauer was a dressmaker. She resided in the house until 1947 when she sold it to Dr. Clinton P. Walker, a local dentist. Dr. Walker used the house as a rental. until 1955 when he sold it to Robert M. Clark. - 520 River Avenue (contributing) Craftsman Built in 1923 by developers Whitcomb & Keller for Frank & Louise Wottaw, who bought the house in 1926. Mr. Wottaw was the district manager for the Ben Hur Insurance Company. Mr. Wottaw lived here until his death in 1955, at which time his daughter, Anita Boswell, inherited the house. She married Howard Boswell, a salesman from Fort Wayne in 1925. Mrs. Boswell lived in the house until her death in 1977. Page 18 Edgewater Place Historic District 521 River Avenue (contributing) American Foursquare Constructed in 1920 by Frank & Glenna Jeffries. Frank owned a real estate, loans & insurance company. They sold the house in 1922 to Abraham I. Simon, owner of Simon & Simon Co., grocery store. 524 River Avenue (contributing) Bungalow Built in 1920 by developers Whitcomb & Keller for Albert & Blanche Wallace, who bought the house in 1923. Mr. Wallace was the vice president of the Yellow Cab Company. The Wallaces sold the house in 1925 to Ola Chambers, co-owner of Chambers -Knapp Company, dealers in feed. 525 River Avenue (contributing) Craftsman Built in 1922 by Albert & Viola Holycross, co-owners of Holycross & Nye, tire dealers. Their company eventually became a Ford deal- ership which Mr. Holycross & Mr. Nye ran for many years. In the fall of 1940 they teamed up again, this time to build a hotel in Florida. Mr. Holycross only lived in this house until 1927 when he sold it to Ralph Monger. 528 River Avenue Craftsman (contributing) Cra g .� Built in 1920 as a rental by developers Whitcomb & Keller who sold it in 1924 to Welby & Maude Miller. Mr. Miller was a salesman for the Citizens Trust and Savings Bank, dealing in investments and securities. They lived in the house until 1930 after which they used it as a rental. 532 River Avenue (contributing) American Foursquare Built in 1920 by developers Whitcomb & Keller who sold it to Harriet Keller. Ms. Keller rented the house out until 1927 when she sold it to George Yost, a linotype operator at the South Bend Tribune. Mr. Yost sold the house to his mother, Mary, in 1929. She had been living there since 1923. 533 River Avenue (contributing) American Foursquare Built as a rental in 1919 by developers Whitcomb & Keller and sold in 1923 to Arthur C. & Katheryn Decker. Mr. Decker was the owner of Decker's Auto Trim Shop. He and his wife lived there until 1925 when the sold the house to David E. Blackford. Mr. Blackford oper- ated a soft drink parlor with Frank Kagel, at 114 W. Colfax. Page 19 Guidebook 1 T Guidebook Edgewater Place Historic District 639 River Avenue (contributing) Gabled Ell This house was built sometime prior to 1899, possibly by William H. Harper, a real estate man and building contractor. Mr. Harper purchased this property and others in 1890 to plat Harper Court Addition in 1893. 639 River Avenue (rear) (non-contributing) Vernacular This house was originally constructed by William H. Harper, building contractor, in 1888 as a barn for the house located at the front of this lot. It is believed that the barn was converted into a house around 1920. by Albert H. Ward, to increase the rent poten- tial of the property. 647 River Avenue (contributing) Gabled Ell Built in 1882 by William H. Harper, real estate man and building contractor, as a real estate venture. He sold the house and other, lots to Samuel Robinson in 1894. Mr. Robinson was one of South Bend's successful real estate men. He rented the house out until 1901 when he sold it to Willis Rogers. 651 River Avenue (contributing) Vernacular The first story of this house was built in 1889 by William H. Harper, local building contractor. He sold the house in 1892 to Oliver & Catherine Brown, Oliver., was a gas maker with the Northern Indiana Gas & Electric Co. After their deaths the house was sold to, Victoria Smythe in 1939. Ms. Smythe added the second story to this house in 1940. 655 River Avenue (contributing) Gabled Ell Built in 1894 by George Souder, a developer, in conjunction with Daniel R Roof, a carpenter. Mr. Roof lived in the house upon its completion and bought it from Mr. Souder in 1900. Mr. Roof lived in the house until his death in 1911, at which time it was inherited by his wife, Addie. Page 22 Application -FOR- Certificate of Appropriateness Historic Preservation Commission of South Bend & St. Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 Mailing Address: County City Build'uig South Bend, htdiana 46601 Phone: 574235-9798 • Fax:574-235-9578 • Email: historic0micluana.org Website: http://commurity.n-dcWana.org/ltistoric/ A Certified Local Government OFFICE USE ONLY-»» DO NOT COMPLETE ANY ENTRIES CONTAINED IN THIS BOX »»» OFFICE USE ONLY Date Received O9 - D3 - 2.004 Application Numbet-!L o e `-- 09 b 3 -Z Past Reviews: DYES E] NO Staff Approval authorized by: Title: Historic Commission Review Date: p1_ .20- 0 Local Landmark Local Historic District (Nance) Ed gevja-frs -Drive, ❑ National Landmark ❑ National Register District (Nance) Certificate of Appropriateness: ❑ Denied []Tabled ❑ Sent To Committee ❑ Approved and Issued DATE r/moo/o K 45`9 Address of Property for proposed work: 4Z` 4 &dAt r..l fT Street Nwnber and Street Name Name of Property Owner(s): (Please Print) Rt'/jJ/a Address of Property Owner(s): a/1r4Q ro*l C 7- Contractor( s) Name: tge0A)eit o?en #/oar cC Contract Company Name: .�/.9/cam �G(%��P /,S'Ana�ZIIYPanC r4 CDaf7AAeTsn. Contractor Address: 17y�fV h e y1,iD w CZ_ e Current Use of Building: Phone: (Single Family -Multi-Fmnily - Conrercinl - Government - Industrials- jVacant - etc.) Type of Building Construction: CO && D AIM Al (Wood Frame - Brick - Stone - Steel - Concrete - Other) Proposed Work: In-kind andscape [c Kew replacement (not in-kind) [] Demolition Onore than one box may be checked) Description of Proposed Work: AAD Q?e/,6% &K_2 7- Owner/Contractor. Owner/Contractor. Fax: e-mail (This office will c ad with on! or lcsign _ and/or AV Signature of Owner Signature of Contractor — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — III I a 0 Room -3 x 739 R-5"P�wN Cooicr, -- PewposFV j&,,Ep,O� " ' I.l I 1 t "� � >f f'; i c 1 •>, 4 fY �{ � t.0 7ykµr°1�r'vW*��rA L-.._t sir i.;' r t 2 _ r � h_5k a [ ffff n�nl �' r >`: 1 y4,�y` ei+Y r<♦ Y '1. .r i ' '. � ! ..•a i t � , 2 � a, YI . ti � 4intt r17 L. r + 14 • � �y - I t '1, y `� � t ! -.-+ i 1 r J iJ dt. � ri `^ 4 `► �`,�,r tc(s� .. ty t � 4 7 � { `r � r � i li,� # 1" � R � F1 2 ! l i �. �� J9-'t E• f ' - rl!,. It 2t. 1 r'u t I., !''.J pi >t i t<?,r >il J� ^?�la'J 1,•>•'fi`'!_A v. A�,}vM evf f 5' t { '•': % ! { i �' 1 .f .{S 7 ''1 Jr t 4 t [ riN• `II • _ i ! , 5 { } j, ,L., r t: a51 }. FI �.. i Sh.•�t,[' 'S J: i� :ta �'M{t 1 �,� ,fvi �h N k 1 P!i. Y1,xl�t`. �' 4; .y. yt 'rr. 9 L fa r rTr�r 't N f,.r..}Pa ,F^Yr-, y I w4,� �.• ,r r Iv:=J`Af., r.8 ' { _ t ..r� rY"'•cF 'C A��,i h�1 • i.A '+�. t -� _ • t1 .{1 {qki 7-•�ia7 r ! .. r,r `C _4 s►` tay I t �Nti��r y'IT'►h'!•L'r Ia ti 2 C a� • Sd ry ^tt:i a tr Icy, +ii<w{y. . a 1 t t{ ! ! R;.1' 1 dlrit4' r { + i roI.•kA'.r ,r5'Y �[ bT♦� t. _ S�.R • i 2 � '� L Y_ L,i [. i r ! # Ni y. 'S �31(��} - � - !i Rw . ,r' � a r k" I as,j -,e + 1 !. •.� " ! -f'. 2 � 1[4"r.4,�•z R i t -i 3a� r y,d 'b 9"'. w �:+r �,��r2ir}y+i#'.. . a: ,�RYt t t: . � 2 a : :� S } � �r�' { r� Y S: • } eI . F t ?! * �y '}�?� ^!� 'e: ax•'�w�i yk-t,• to 3 a 'arty ;t•! ,e..^F�, ? t ' • .. . Y .;y , � J j �a f i ; t t. ., 4 . � i ,,, Ar + t i�� r i P{ �" q i• J ay s s _ - �f e+r � r 1 �� i r ii,. ` 1.I: a.{... -cf- ��•4. F t Tf ' • .v � .fryt � Jt �t?►-7 . •� i 1 "1' r • , IC' ,• 1. P w sy'lai Ij �.�...._..,+..ii ,. [ j.�•i J .�-�•►a��r "1 Y'4� I ..iy'rr �� l + ��+ Y � �j �,,j��`4�r�( k F t. -'�`_1, .. 11 W y "J, i M..� .�✓ `1/ ! a I F } {' `:1 5 i. 1: ri tl� i :�}.t'ti}rn'jj ARf � S � i �*'r "'r i L'.� L/ r.'�I�i• t t •l. ..} p i^. it I.� .rl 1 14 >tu �•J ! D (�li �1+0 �h . it , - � i ( 2[ Lr t�•4 yP li £. Jr. v. _ .. t r JI 1 Iti w ! � 4. 75� J i�• P�'i,.4rYi F�r+.� + .'r�. +-,, '' i + 2.1 • S r 5 r r / ' 'i t ?; 2 A,. l= a1 y„ti " .x "r�:�. d,1 2}it 'e G,� ,r i ``:,. ' Y{I 'i e 1 yr 1-� i! .t:4 �t .{: r{A'rk ::L.i i" s�C7s ra, r✓l d, i,. ,ti,. ., .. 'I. i� -•'!t1 r .!•+�' Fi�fi ra 'a'iJ �"I i.f etr .. 5 + • '� �3Z'' I �A ►�,�E': } , i•Y f r ,r {[I, "� .l Zjd r. •. f r x4'z.',.k iii ° 4. ;'4 �:M ((-;.,{�e)u �'r1 a 5 {t d,+1t! ' - �r..� r.P,}1{I,,F•i : I [ .i;' f , ,rti" f .:}5 J'� _i t t. ;.1t� 1 it t i i^iL - t 1 t• : r � y • if: I t as: 1 � , t �.,. >- i `e �i`. .i i �• Y [. ka 1 3...�y. � 1 , I� � h .�.'^, `ttYv� .}yi . 6 f��' t, V ,1•'r �' a. i:, ..t1r . f 1.•. LI t. 1 l- 4 1 � ,N�,� "P _�.'y �.'.L�L +4i. q �, J 1r+i ih. fit � 1�S f.; �Y � 1r V l:t •'�: : ti'3.i:! e. } •) ff %.* Br,.l'},.�<a'`:..;/';',',,•'t �,^p'.., rFF 5.:,,,77P:ir`i,dt'' S'�'.'a -�. n°r}' M ..�`vsPaC;a"�k+; i.�; •vtii i,4 R ly:a,., ryy.. '!..P[��iJ '!•- �\'"ro�! �� I�t•::.�♦ 7,; .fx Y �P �.. ? ,�r.,,,s�;4'' , u.kf,�l�. M.. .%.. ?'?'t''�?",h`�Y�r �, ^i.) ��, „ :t l ! � r i• .1 .,,. �r+! .'7 , �!..: ;.��':a: ;.���`` f •"y I �`'�? �k�k' x�� "">�%Y,�'„1r•�'l�,A�';�rr^}"t:Tria�`'i"j.i'gw !����ra,iib s{nwks'�;t'# t.... r1 :.'.•[Mr,: • t(�;.; yllrn _ti ;h' 4. r. x, .;....a.r4.:-•" Y'�l1".:•....e,vt ,.i.`i n... •.....r,. ,2'. I f - r; &too J� �� s�tta�ym S; r �IIOif 0A41>e i y �rv9Dc 10(/4 Slock r C7(®P mar SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION 235-9798 MEMORANDUM July 2, 2004 TO: Commission Members Edgewater District Liaisons FROM: Karen R. Hammond -Nash, Director g`y ,J RE: Proposed Infill Construction On this months meeting agenda, is a visit from one of our local historic district residents who will probably be seeking a building code variance to allow him to build a new "infill" house on a vacant lot near his home. You will see in you Edgewater District Guideline Book that when Edgewater Place was designated a Local Historic District, there was a little wood frame, carpenter -built, 19th century Hall -and -Parlor, with a kitchen ell on the back, on this lot (the Molnar House, built 1892). It was demolished in April of 1995. Ron Farr has acquired the lot, and has proposed to build a house there, 30 feet wide by 50 feet long, and a garage 22 feet by 30 feet. This plan would cover more of the lot than is allowable under present city code, and would probably require the removal of the tree and shrubs previously retained Mr. Farr has not yet designed a proposed fagade material and design; he wanted to get'preliminary clearance for his proposed dimensions first. In principle, the restoration of a structure similar in dimension and design to the one existing at the time of district designation, with retention of what remains and can be salvaged of the mature landscaping, plus restoration of a street tree as recommended by the city forester, would be something the staff could recommend that the HPC support. The proposed dimensions do give staff some considerable concern. Staff has identified some housing designs of the period of historic significance for the Edgewater Place Local Historic District that would provide more interior space while covering less area, and leaving more green space and conforming more to code requirements, though ANY new structure there would probably require some variance. Staff can think of at least three ways in which Mr. Farr might get a historically correct home on this lot: he could identify an appropriate house from the area that the South Bend Airport Authority is acquiring, and have it moved. Indeed, in that instance there is a possibility that the airport authority might contribute the demolition cost that would be avoided, to towards the moving cost. Alternatively, there are architectural drawings and plans available for Sears & Roebuck houses, or for Radford Artistic Bungalows. Because no Certificate of Appropriateness is presented at this time, and because the opinion and judgment of the Building Department and Zoning Board are not yet known, no action is required from the HPC at this time, beyond a polite hearing of Mr. Farr's proposal. SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION 235-9798 MEMORANDUM July 15, 2004 TO: Commission Members Edgewater District Liaisons FROM: Karen R. Hammond -Nash, Director 4/ RE: Proposed Infill Construction 739 Bronson Court Edgewater Place Local Historic District In the event that the HPC and the neighborhood association decide that this lot is an appropriate place for infill or replacement construction, consideration must then be given to what sort of infill or replacement building would be appropriate. To facilitate the process of developing architectural plans and drawings for an appropriate replacement infill building, staff has identified several period house designs that staff believes would be appropriate both for this lot configuration, and for this historic district. Mr. and Mrs. Farr could either select one of these plans to be re -worked by an architect of their choosing, or have their architect use these, as well as the information in the District Guideline book, as an indication of what the HPC would be looking for. Three house plans are from Andrew Jackson Downing's great 1850 masterwork, The Architecture of Country Houses. This book is still in print 154 years after original publication, and it was a source of information and inspiration to many carpenter builders during the latter half of the 1800s, which is when the house originally on this lot was built. The three plans suitable in size for this lot are designs III, A Symmetrical Bracketed Cottage, V, A Workingman's Model Cottage and XII, A Square Suburban Cottage. All three of these plans would need alteration to include indoor plumbing, and one of them would need to be altered to bring the cellar door inside the house. I have attached those three plans. Mr. Farr may wish to build in the style of general historic significance to this neighborhood, which is more the 1920s, there are at least ten suitable designs from the 1905 Radford Artistic Bungalow Catalogue. They are attached to this Memo, following the Downing Cottage plans. Alternatively, Mr. Farr or his architect may wish to duplicate one of the existing houses in the district, or to adapt some other housing plan of suitable vintage. You will note that none of the house designs I have identified have a footprint like Mr. Farr's proposed footprint. I strongly suggest that the logical way to proceed is (1) to decide whether the HPC and the neighborhood association believe that infill on any or all of the vacant lots in this district is or could be appropriate; (2) to consider architectural plans and drawings first, and site plans second. Since most architects take lot size and configuration into account when they draw their plans, HPC consideration of site plan issues should be simple, if not automatic, once building architecture is approved. South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. - SOUTH BEND, IN 46601-1830 Phone: 574-235-9798 Fax: 574-235-9578 e-mail: historic@michiana.org John H. Oxian, President A Certified Local Government Karen R. Hammond -Nash, Director September 10, 2004 David Duvall, Architectural Historian Division of Historic Preservation & Archeology Department of natural Resources 402 West Washington Street, Suite 274 < Indianapolis, IN 46204 RE: Palais Royal; Proposed 2nd story sign Dear David: As you are aware, Dennis Andres, on behalf of the Palais Royal., sought a advisory opinion last month regarding the suitability of a proposed sign for the South side of the Palais Royal. The plan for the sign was devised by City Awning (Mr. Skip McCmy), the same company that made the canopy over the door on the south side of the Palais, and which has made retractable awnings for several of its sidewalk windows. As you have also heard by now, the preservation commission, after some discussion, including praise for the general high quality of the materials City Awing uses, and the fine workmanship W. McCray produces, rendered an opinion that the proposed sign is not appropriate. The primary reason for this is that the historic record indicates no sign, of any style or descrip- tion, ever was mounted or intended on the South fagade of the building, above the level of the first floor. Secondly, the sign that is proposed is an Art Deco or Art Nouveau style; very linear and crisp (somewhat the style used in the Bistro restaurant below), and not at all similar to or compatible with the Baroque Spanish Revival style of the building. Thirdly, the bolts that would be necessary to secure the canvas sign against the winds off the river would need to be substantial in size and length, and would damage the brick wall into which they were secured. Yours, Karen R. Hammond -Nash, Director COMMISSIONERS Mary Jane Chase Virginia O'Hair (Secretary) Gerald Ujdak (Vice President) Martha Choitz Lynn A. Patrick Diane Wrobel-Illes Catherine Hostetler (Treasurer) Joann Sporleder (Architectural Historian) John Livingston (Attorney) �l 1 1 THE HISTORIC PRESERVATION COMMISSION 2 OF SOUTH BEND & ST. JOSEPH COUNTY 3 MONTHLY MEETING 4 5 6 August 16, 2004 7 8 9 MEMBERS PRESENT: 10 11 12 13 MEMBERS ABSENT: 14 15 STAFF PRESENT: 16 17 18 MINUTES 7th Floor, Commissioner's Conference Room County -City Building, South Bend, IN John Oxian, Catherine Hostetler, Virginia O'Hair, Lynn Patrick, Martha Choitz, Mary Jane Chase, Joann Sporleder, Gerald Ujdak Diane Wrobel-Illes Karen Hammond -Nash, Director Julie Schutte, Assistant Director John Livingston, City Attorney 19 ALSO PRESENT: Skip McCray, City Awning of South Bend, 20 Don Sporleder 21 22 I. CALLED MEETING TO ORDER 23 JOHN OXIAN: Called meeting to order at 7:36. 24 11. PUBLIC HEARING 25 A. CERTIFICATES OF APPROPRIATENESS 26 1. 2004-0803-1; 337 West North Shore Drive; Landscaping & tree 27 planting; move or remove overgrown bushes. -28 29 KAREN HAMMOND-NASH: (See staff report attached to C of A). Homeowner was not 30 present. 31 32 Catherine Hostetler informed the commission that she had driven by the residence_ earlier in the 33 day and noticed that the bushes had already been removed. 34 35 LYNN PATRICK: made a motion that the portions of this C of A requiring Commission action 36 be tabled. 37 38 GERALD UJDAK: Seconds the motion and it passes. Joann Sporleder abstains. 39 40 41 2. 2004-0803-2; Palais Royal; hang vertical sign on side of building. 42 KAREN HAMMOND-NASH: (See staff report attached to C of A). Skip McCray, a contractor 43 with the City Awning of South Bend, was present and spoke in behalf of the owner. 44 1 { 1 JOHN OXIAN: I don't understand why they are spending money to put a sign up like this when 2 they are short of money to put back a marquee, which will restore a character -defining feature of 3 the building. Why not use the money that they are going to spend on making this sign for the 4 marquee instead? This proposal would put a sign where there was never a sign in the first place. 6 SKIP MCCRAY: When I talked to Dennis Andre, he was trying to come up with some sort of 7 signage to identify the Palais Royal as being above the Vine Restaurant which has moved in 8 below. He is trying to generate more business so he can generate more revenue. That was his 9 sole purpose for having this sign above on the second floor in between those two windows; so 10 that he could identify that portion as the Palais Royal. 11 12 JOHN OXIAN: I would rather see you doing something, like the awnings down below, which at 13 one time some of them were there, than to put a sign up. 14 15 SKIP MCCRAY: We did do the big circular canopy above the entrance to the Palais Royal. 16 17 MARY JANE CHASE: The proposed sign is totally out of character with the building. 18 19 SKIP MCCRAY: I agree with you it doesn't match the architecture of the building. Dennis saw 20 the same sign next door on Club LaSalle, which we installed. He used this as his motivation. 21 22 GERALD UJDAK: I think it's totally out of character and it ruins the fagade. 23 24 JOHN OXIAN: Years ago you used to have an awning on almost every window on the south 25 and east side of the building. You also had an awning over the entranceway. Some of those 26 awnings had Palais Royal written on them so you would know. 27 28 SKIP MCCRAY: We are in the process at this time of restoring those. The graphics will be 29 changed on those awnings to the Vine's logo, just on the retractable awnings that are associated 30 with the Vine Restaurant. The other awnings will remain the property of the city of South Bend 31 and the Palais Royal, or the Morris Performing Arts Center, I guess. 32 33 JOANN SPORLEDER: This side of the building as far as we know never had a sign on it there 34 and there would be no way that we could legitimately advise in favor of such a thing for a 35 national register property. Furthermore, this particular sign is kind of an Art Deco, Art Nouveau 36 style and it is stuck on top of what I would call a Spanish Baroque -Rococo style building. The 37 two just simply don't go together. I think nobody is well served by pursuing this and I think that 38 is what our recommendation to down state should be. 39 40 CATHERINE HOSTETLER: Seconds the motion. 41 42 JOHN OXIAN: How about the awnings? 43 44 JOANN SPORLEDER: The awnings are great. I will amend my motion to include a favorable 45 opinion regarding the awnings over the first story windows. 46 47 CATHERINE HOSTETLER: Seconds the amended motion. It carries unanimously. 1 2 3 4 5 6 7 8 9 -10- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3. 2004-0804; 68286 Miami Road; Demolish summer kitchen & contributing porch addition,.remove windows; build addition onto back of farmhouse. JOHN OXIAN: I am sure the owners knew that this house was'a landmark when they purchased it. I cannot find in our preservation plan or anywhere else that allows the removal of that much of a landmark. I feel that this whole proposal should be voted down and that the owners come back with something a lot more reasonable than what they are proposing now.' KAREN HAMMOND-NASH: Landmark status was requested for this property by a woman who had lived there, and whose family had lived there, for many years. She had actually wrote to John, as president of the commission, saying that she wanted to make her property a local landmark before she either died or sold the property, so that the property that she had worked so hard to preserve would not be thoughtlessly or randomly altered by a subsequent owner. At her death when the property in fact was auctioned, David Duvall wrote to the auctioneer, and provided materials for the auctioneer to provide to all prospective bidders regarding the historic character of the house and the legal restrictions upon alterations to it. He has had correspondence with at least one subsequent owner about the denial of permission to side the house. The staff noted in the photographs submitted with the application that the windows appear to be mostly new vinyl windows; which was not approved. The staff's principal concern with the proposed addition is that it involves just too much demolition of the original structure. When I spoke with the homeowner, in fact this afternoon, regarding this, she told me that their architect had intentionally designed the addition to remove as much original wood as possible and replace it with new wood because they thought that it would be easier to paint. Clearly we have an architect who is not clear as to what the landmark and preservation guidelines are, in spite of the fact, that some time ago Julie sent the owner a book of standards. JOHN OXIAN: I went to that auction, so I know the auctioneer mentioned it. I was the one that told David Duvall to send a letter to the auctioneer informing him of this information. I always attend any landmark auctions just to make sure that the auctioneer gets up there and mentions it; or usually they call on me to mention it. JOANN SPORLEDER: Are we giving the owners any instructions then, that any additions to the back will not be acceptable or just this particular one? JOHN OXIAN: I told Karen to call the owners back today and see if they would be willing to come up with some alternative methods. I feel that this should be voted down by the commission, because (1) it would remove too much of the historic structure, (2) it,would destroy the characteristic and distinctive footprint of ,the building, and in addition to these two primary reasons, (3) it would probably entail the removal of significant trees. CATHERINE HOSTETLER: Seconds the motion and it passes unanimously. 3 I B. LOCAL LANDMARK DESIGNATION, Second Reading 2 3 619 Sherman Avenue, South Bend, IN., Gabled El, built 1898 4 5 JOHN OXIAN: This house has had three owners since we originally put this up for land 6 marking in 2003. The present owner of this house lives in Chicago. Code Enforcement has had 7 a problem with being able to contact her. I was able to talk to her and sent her a letter. She 8 couldn't believe that I was interested in making her house a local landmark; because, she has 9 never had anybody interested in her absentee properties. She almost stated to me, that if I 10 thought the house was significant, then I should go ahead and do what I want to do with it. I I I mentioned to her some of the history of the house. 12 13 MARTHA CHOITZ: I will make a motion that we recommend to the Common Council that 619 14 Sherman be made a local landmark by the common council. 15 16 VIRGINIA O'HAIR: Seconds the motion and it passes unanimously. 17 18 C. HEARING OF VISITORS 19 Don Sporleder requested the Commission's opinion on a St. Joseph County Aquatic History 20 Center to be potentially located in or near Howard Park. The Commission agreed more 21 information would be needed and decided to hear the matter at the September monthly meeting. 22 23 III. REGULAR BUSINESS 24 A. APPROVAL OF MINUTES: June 2004; July 2004 25 June's meeting minutes have not been completed. 26 MARTHA CHOITZ: I will make a motion to accept July 2004 minutes. 27 LYNN PATRICK: Seconds the motion and it passes unanimously. 28 29 B. TREASURER'S REPORT 30 Catherine Hostetler reported on her meeting with Karen and with the County Commissioners 31 about the 2005 annual budget. She mentioned an ordinance would need to be drafted and 32 approved by the County Commissioners for employee bonuses. 33 34 C. COMMITTEE REPORTS: Landmark meetings to be set 35 No formal reports given at this meeting. John Oxian asked to speak with the Historic Schools 36 Committee after the regular meeting. 37 38 D. STAFF REPORTS 39 1. C of A approvals; Correspondence 40 KAREN HAMMOND-NASH: There have been three Certificates of Appropriateness for in - 41 kind roof replacements. 4 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Chapin Park proposed historic district sample guideline booklets are printed and being bound. Staff hopes to send them within the next week or two. I had a conference call with Susan Stanis and Shannon Hill from HLFI and members of the DHPA grant staff regarding the Saint Joseph County/South Bend resurvey. The grant staff has advised that they foresee difficulties approving a grant to resurvey the county, but agreed the South Bend survey does need to be updated. The funds held in trust with HLFI may be enough to cover the survey of the city and printing the books. John Oxian recommended'that a national register nomination for LaSalle Street roughly from William to Chapin Street should be included as part of the resurvey of the city and should be completed by HLFI or some other competent consultant. JOHN OXLAN: I move to recommend LaSalle Street for a national register nomination as the Commission had for several years noted the street's significance. If the contract with HLFI for the resurvey cannot be amended to include the application, then a new contract and separate grant application should be drafted for the project. JOANN SPORLEDER: Seconds the motion and it passes unanimously. - Karen stated that as part of her research for the landmark report on 619 Sherman, she has researched other land marked gabled ells within the city. There are several other gabled ells. The window openings at 606 Leland were lately reduced and filled by smaller vinyl windows. 618 Leland now has a striped roof and vibrant exterior color scheme. JOANN SPORLEDER: I move that the owner of 606 Leland be advised to restore the original dimensions of the window openings. GERALD UJDAK: Seconds the motion and it passed unanimously. JOHN OXIAN: I would like_ to bring up something that we should think about as a policy. In the paper it stated that the city of South Bend is allowing homeowners to put these light fixtures in their front yards. They have already put three of them up on Franklin Street, which they did not come in for C of A's. Since this might be something that we might get a lot of in the historic districts, I think we should adopt some type of a policy stating which type of these light fixtures we would like to see in the historic districts, like first choice, second choice, and then allow the staff to make decisions on this unless somebody objects; then they could come before the commission. Otherwise we are going to be looking at these things at every commission meeting. JOANN SPORLEDER: Do you want us to put that on the agenda for next month with the various possible selections? JOHN OXIAN: Yes, I talked it over with Karen and asked her for a report and recommendation as to which one she thinks would be most appropriate in each district or area. JOHN LIVINGSTON: They have three that you can select from. 5 1 KAREN HAMMOND-NASH: None of them are ideally appropriate for most historic districts. 2 3 2. Historic District Inspections 4 (Refer to report in meeting packet). No action taken. 5 6 IV. OLD BUSINESS 7 Lynn Patrick informed the commission about a brief conversation she had with the city forester 8 prior to the meeting about the limbing up of the trees in Leeper Park. She also stated that she 9 would further research this matter with the city forester and report back to the commission as to 10 what his definite plans are for limbing up the trees in Leeper Park. 11 12 Karen Hammond -Nash reported that the owner of 1069 Riverside Drive e-mailed the 13 commission an appeal regarding his C of A application. The matter was placed into the 14 Standards and Maintenance Committee 15 16 V. NEW BUSINESS 17 1. CITY YARD LAMP PROGRAM (A) Karen Hammond -Nash stated that 18 several members of various neighborhood associations have called the office with questions 19 regarding the commission's policy on the city's new yard light program. 20 The commission recommended that Toy Villa be invited to attend the commission's 21 September meeting regarding the light posts and historic districts. 22 23 (B) Karen also brought forward the recommendations of members of the West North 24 Shore Drive neighborhood associations to add additional streetlights (Octagonal Poles and Junior 25 Lanterns) in their district. 26 27 (2) EDUCATIONAL PROGRAMS On motion by LYNN PATRICK, seconded 28 by acclamation, the commission adopted a policy under the suggestion of the president that HPC 29 will support all programs presented by HLFI in conjunction with Mr. Yapp. 30 31 VI. ANNOUNCEMENTS & MISCELLANEOUS MATTERS 32 1. West Washington National Register Historic District tour September 19. 33 34 2. HLFI presentation of vinyl siding documentary film Blue Vinyl, 35 September 8, at 6:30 at the Northern Indiana Center for History. 36 37 3. Joann Sporleder will attend a conference in Annapolis on historic 38 mortars and will present a report to the commission. 39 40 VII. ADJOURNMENT 41 CATHERINE HOSTETLER: I will make a motion to adjourn the meeting. 42 GERALD UJDAK: Seconds the motion and it passes unanimously. 43 MEETING ADJOURNED AT 9:11. Z SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION 235-9798 MEMORANDUM Tuesday, September 07, 2004. TO: HPC Members FROM: Karen R. Hammond -Nash RE: New interpretations of the Federal Fair Labor Standards Act As you all have no doubt heard in the news, the U.S. Department of Labor has published new guidelines to assist employers in applying properly the requirements of the Fair Labor Standards Act with regard to overtime compensation. County employees do not receive overtime pay; those eligible receive compensation time, instead. Compensation time is awarded at the rate of one and one half hours of regular time off, for each overtime hour worked. Employees who have a measure of control over their work hours, and over the allocation of their own time, who have significant management responsibility, and are compensated at a rate reflecting that responsibility, are generally exempt from overtime pay or compensation time requirements. On the other hand, employees who are not in charge of the allocation of their hours,+ and who are required to work overtime hours, as well as a regular workweek, are generally required, under the Fair Labor Standards Act, to receive compensation for those overtime hours. Under these interpretations, the job title of an employee is less significant in determining eligibility, then (1) rate of pay, and (2) degree of employee's control over her own hours. The assistant director here (1) is expected to work a regular work week, regardless of any meetings outside of regular county office hours, (2) is paid less than $25,000 per year (while the director is paid about 50% more than that), and (3) has no authority nor control over when meetings requiring overtime work are set, nor any control over how long they last. For these reasons, and under the current interpretation of the Act, she should receive compensation time allowance. for the overtime meeting hours that she is required to work. . In other words, for each one hour meeting which she attends and assists, she should receive one and a half hours off her regular work week hours, and for each three-hour meeting which she attends, 3 x 1.5, or four and one half hours off, to be taken that week or the following week, or as otherwise agreed between herself and the director. Storing and stacking compensation hours into significant blocks of time off, or time that will leave the office unattended for significant or recurring periods should be discussed and approved by the HPC, or by its Executive Committee. . As long as we have a competent and responsible person in the position of assistant director, granting her the compensation time required under the U.S. Department of Labor's current interpretation of the Fair Labor Standards Act should not have any negative impact on the operations of this office. Indeed, if she were to chose to use her compensation time to advance her studies at a college of architecture or design, that would even benefit the office in both the long and the short term. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because they were called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. So, Tom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, at 235-9547. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because they were called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. So, Tom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, -at 235-9547. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because they were called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. Sojom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, at 235-9547. SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION 235-9798 MEMORANDUM Wednesday, September 15, 2004 TO: HPC Members FROM: Karen R. Hammond -Nash RE: Yard Lights in Historic Districts; City Yard Light Program At the August HPC meeting, John Oxian raised the matter of the City of South Bend yard Light program, and requested a Memorandum to be presented at this September meeting, discussing the appropriateness of such yard lights in South Bend's historic districts. As you know, the period of historic significance in most districts runs from the 1880s at the earliest, to the late 1920s at the latest. This forty -year period was both the earliest, and the largest, period of residential building and new development in South Bend's history. Many of the buildings that remain from that period were so well designed and constructed, that they have continued in uninterrupted use, and where they form stable neighborhoods with a coherent and consistent style and sense of place, a desire to maintain the function and design is usually what has motivated the neighborhood associations to seek historic district status. Our research has been unable to locate any evidence of the use of yard lights in South Bend during the period of historic significance for any of our historic districts. Before and at the turn of the last century, such things as electric yard lights, for ordinary urban or suburban use, were of course unheard of. In the 1920s, electric lighting for urban use was considered the latest, greatest thing, and the Cutter company, in South Bend, was one of the country's most prominent street light manufacturers. We have, in our office, several pages and sections from the Cutter catalogues, and none of them makes any reference to yard lights. The lights available at the period were generally limited to public lighting for streets and sidewalks, and to house -mounted lights for doorways, steps, entries, and porches. The streetlights ranged in height from 12 to 20 feet tall, depending upon location. None were designed to shine right at eye -level, like contemporary yard lights. Additionally, Frank J. Scott's Suburban Home Grounds, and his later works, contain countless designs for landscaping city lots, with never any mention of a yard light. While the advertisements in the twenties speak glowingly (no pun intended) of the expectation that public lighting would eliminate all urban crime, and make the nighttime as safe as the day, the police reports from that period and this do not bear out that promise. On the contrary, police reports from the teens, twenties, and thirties commonly report that the police were alerted to a crime in process by seeing lights moving in areas that should be dark, especially around houses. More recently, schools in rural Texas experimented with all kinds of bright and pervasive lighting in an effort to combat a rash of vandalism that continued over many months. The vandalism finally stopped when the school system turned out all the lights altogether, so that the vandals could not see what they, were doing. Homeowners probably do need lighting to get from their garages to their doors, and therefore might need yard lights not in use prior to 1930. These, however, would generally be in back yards, rather than front yards. Where the combination of street lights and porch or door lights is not sufficient (for instance, around the Junior League House on Park Lane), the HPC has consistently approved in -ground or landscape lights, on the condition that they be directed so as not to disturb or inconvenience neighbors. In addition to several residences, such lights have been approved for the County Courthouse and the Firehouse Theatre. There are several houses, especially on East Wayne Street, and West North Shore Drive, where front yards are larger, where front yard lights were installed during the post world War Il period. A couple of them are re -made from old South Bend City Street lights. Some of those yard lights are now themselves 50 years old or so, and may possibl be considered contributing additions, themselves. Yard lights became fashionable in the 1950s and 1960s, and, in some areas, remained fashionable into the 1970s and 1980s. In all of our local historic districts, I have identified only three houses built during that period, for which front yard lights would be appropriate to the architectural style of the individual house (though not the style of the district environment). Those are: 234 Sunnyside Avenue, in the East Wayne Street District, which is a 1953 Neo -Colonial Revival style house, and the two ranch houses 341 and 433 West North Shore Drive, built in 1949 and 1975, respectively. On a separate, but related matter: Jerry Kline, of the West North Shore local historic district has called it to our attention that (a) their district is under lighted, and (b) the fact that it is under lighted was noted in the guidelines originally drawn for that district, which also made note of the concrete octagonal 12 -foot light posts, with octagonal lantern -style luminaires, (Octagonal Junior Post Top street lights, see p. 18 of the guideline book, and also the sections on landscape, p. 34 to 39, and street lighting, p. 43) would be appropriate, and should be sought, for the district. I understand the sentiment of the neighborhood generally to be that the city monies which might otherwise go towards yard light grants in their district, should be expended for appropriate street lighting, as described in their district guideline book. Memorandum of Agreement, September _, 2004 Amended from previous agreement of December 8, 2004 Between Historic Landmarks Foundation of Indiana ("HLFI") and the Historic Preservation Commission of South Bend and St. Joseph County ("HPC") regarding the decennial surveys and inventories of historic properties in the City of South Bend and the unincorporated portions of St. Joseph County, performed pursuant to the National Historic Preservation Act of 1966, and administered under the supervision of the Indiana State Historic Preservation Officer and under the supervision of the State Review Board of the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology ("DHPA"). HLFI agrees to perform and complete the Historic Sites and Structures survey and interim report for the City of South Bend, and also to perform field checking and publication of amendments to the year 2000 Interim Report for unincorporated St. Joseph County, for a sum not to exceed $97,263.00. The final product of the projects will consist of 750 copies of each the St. Joseph County and City of South Bend Interim Reports delivered to the HPC offices. HLFI agrees (1) to assist HPC with the preparation and submission of all necessary grant applications to the DHPA, (2) to prepare grant reports on behalf of HPC (3) to reimburse all staff, contractors and vendors associated with the project, and (4) to invoice HPC for the amount of reimbursement paid by DHPA. HPC agrees (1) to pay a total amount of $97,263.00, of which $19,769 has been paid as an initial payment to secure the services of HLFI for the grant initiation process, and to pay initial survey costs, (2) to continue to assist in the survey and inventory process by continuing to provide inspector services to develop a list of known omissions and errors in the current St. Joseph County survey, and by providing access to all existing data available in the HPC offices and archives, (3) to assist in grant reports to the DHPA for the purpose of justifying DHPA grant payments totaling $59,845, and (4) upon completion of the final product, HPC is to remit to HLFI the balance due from HPC, which is expected to be $17,650.00, unless changed by agreement of the parties regarding the scope of the work performed or the number of copies of the report to be produced. $59,845.00 of the total $97,263.00 cost of the combined projects is to be paid from a matching grant from the Indiana DHPA. Work on both projects (city and county) is dependent upon receipt of matching grant funds from the DHPA. If for any reason DHPA grant funds are denied or work cannot be completed on either the city or the county project, HLFI will reimburse the HPC the . entire portion of the initial payment allocated to that project. By: HISTORIC LANDMARKS FOUNDATION OF INDIANA, INC. J. Reid Williamson, Jr., President Date By: Historic Preservation Commission of South Bend & St. Joseph County Catherine Hostetler, HPC Director Date r Memorandum of Agreement, September _, 2004 Amended from previous agreement of December S, 2004 Page 2, 2004 By: Virginia O'Hair, HPC Secretary Date By: Board of St. Joseph County Commissioners Cynthia A. Bodle, President Mark A. Dobson, Vice President Date David L. Niezgodski, Member Date ATTEST: Michael C. Eby, St. Joseph Auditor Date STATE OF INDIANA SETH HENKEL =OMMISSIONER DEPARTMENT OF LOCAL GOVERNMENT FINANCE June 1, 2004 J. Reid Williamson, Jr. President Historic Landmarks Foundation of Indiana, Inc. 340 West Michigan Street Indianapolis, Indiana 46202 RE: Conservation Easement Assessments Dear Mr. Williamson: INDIANA GOVERNMENT CENTER NORTH 100 NORTH SENATE AVENUE N1068(B) INDIANAPOLIS, IN 46204 PHONE (317) 232-3775 FAX (317) 232-8779 As you know, the Indiana. Conservation Easement . Act provides ' for the creation of nonpossessory interests in real property for the purpose of preserving various cultural, natural; scenic, historic aspects of real property as set forth in Indiana Code § 32-23-5-1 et seq. The donation of such an easement may entitle the donor to an income tax deduction pursuant to 26 U.S.C. § 170(h). In addition, Ind. Code § 32-23-5-8 provides "real property that is subject to a conservation easement shall be assessed and taxed on a basis that reflects the easement" The purpose of this letter is to set forth guidelines for use in determining how real property assessment in Indiana shall reflect the existence of a conservation easement. However, the scope of this letter is limited to conservation easements having a purpose of "preserving the historical, architectural, archeological, or cultural aspects of real property" pursuant to Ind. Code § 32 -23 -5 - The valuation of the donation of a conservation easement for income tax deduction purposes is the fair market value of the perpetual conservation restriction at the time of the contribution. See Treas. Reg. § 1.170A-14(h)(3)(i). In most cases, the fair market value of the contribution will be equal to the difference between the fair market value of the property before the granting of the restriction and the fair market value of the encumbered property after the granting of the restriction. See id. For income tax purposes, a -taxpayer claiming a deduction for the contribution of a conservation easement must maintain written records of the fair market value of the underlying property before and after the donation. See Treas. Reg. § 1.170A -14(i). It is the Department's opinion that it is appropriate for an assessing official to factor in the reduction in fair market value of the real estate, if any, resulting from the donation of a conservation easement in determining the assessed value of that real estate, if properly documented. Proper documentation would consist of an appraisal that complies with the Unidform Standards of Appraisal Practice (US PAP) issued by the Appraisal Foundation. Letter to J. Reid Williamson, Jr. Historic Landmarks Foundation of Indiana, Inc. June 1, 2004 Page Two By way of example, assume that a property owner donates a valid conservation easement to a qualified holder with the purpose of protecting in perpetuity an historic structure located on the property owner's property, and that the appraised fair market value of the property as of the assessment date is $200,000.00 prior to the donation and is $170,000.00 taping into account the granting of the easement. In this example, the donation of the conservation easement resulted in a 15% reduction in the fair market value of the property. Therefore, in order for the assessed value of the real property to "reflect the easement," the assessed value shall be reduced accordingly. Thank you for your assistance in bringing this matter to the Department's attention. Sincerely, Gi;�- �J, Beth H. Henkel Commissioner SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION 235-9798 MEMORANDUM Tuesday, September 07, 2004 TO: HPC Members FROM: Karen R. Hammond -Nash RE: New interpretations of the Federal Fair Labor Standards Act As you all have no doubt heard in the news, the U.S. Department of Labor has published new guidelines to assist employers in applying properly the requirements of the Fair Labor Standards Act with regard to overtime compensation. County employees do not receive overtime pay; those eligible receive compensation time, instead. Compensation time is awarded at the rate of one and one half hours of regular time off, for each overtime hour worked. Employees who have a measure of control over their work hours, and over the allocation of their own time, who have significant management responsibility, and are compensated at a rate reflecting that responsibility, are generally exempt from overtime pay or compensation time requirements. On the other hand, employees who are not in charge of the allocation of their hours, and who are required to work overtime hours, as well as a regular workweek, are generally required; under the Fair Labor Standards Act, to receive compensation for those overtime hours. Under these interpretations, the job title of an employee is less significant in determining eligibility, then (1) rate of pay, and (2) degree of employee's control over her own hours. The assistant director here (1) is expected to work a regular work week; regardless of any meetings outside of regular county office hours, (2) is paid less than $25,000 per year (while the director is paid about 50% more than that), and (3) has no authority nor control over when meetings requiring overtime work are set, nor any control over how long they last. For these reasons, and under the current interpretation of the Act, she should receive compensation time allowance for the overtime meeting hours that she is required to work. In other words, for each one hour meeting which she attends and assists, she should receive one and a half hours off her regular work week hours, and for each three-hour meeting which she attends, 3 x 1.5, or four and one half hours off, to be taken that week or the following week, or as otherwise agreed between herself and the director. Storing and stacking compensation hours into significant blocks of time off, or time that will leave the office unattended for significant or recurring periods should be discussed and approved by the HPC, or by its Executive Committee. As long as we have a competent and responsible person in the position of assistant director, granting her the compensation time required under the U.S. Department of Labor's current interpretation of the Fair Labor Standards Act should not have any negative impact on the operations'of this office. Indeed, if she were to choose to use her compensation time to advance her studies at a college of architecture or design, that would even benefit the office in both the long and the short term. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because t icy were. called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. So, Tom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, at 235-9547. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because they were called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. So, Tom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, at 235-9547. Postscript: When I put this Memo in the mail to you, I also showed one to Tom Borowski, the director of the County Personnel Office. He indicated that, based on Julie's (low) rate of pay, and on the fact that she neither sets meetings, nor determines their length, she is CERTAINLY entitled to Compensation Time. Furthermore there have successful lawsuits filed by employees who were denied Comp Time because they were called "managers", even though they did not set their own hours. If I understand correctly, the County is or has very recently had to pay up in a couple such cases. So, Tom's advice is to (a) keep records of the time Julie spends at meetings after her regular work day ends at 4:30, (b) allow her Compensation Time for those hours per the federal statute, and keep records of the Compensation Time accrued or used. (c) Any HPC member with questions or concerns about this should call Tom, at 235-9547. PROPOSED ORDINANCE No.: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE THE CHAPIN PARK — PARK AVENUE HISTORIC PRESERVATION DISTRICT STATEMENT OF PURPOSE AND INTENT. To establish an Historic Preservation District, to be known as the Chapin Park - Park Avenue Historic Preservation District, with such uses as permitted in Section 21-36.1 of the Municipal Code of the City of South Bend, such district having been recommended by the Park Avenue Neighborhood Association and the Historic Preservation Commission of South Bend and St. Joseph County, for the purpose of preserving the architectural, historical, and cultural significance and educational value of the described area. NOW, THEREFORE; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY -OF SOUTH BEND, INDIANA: Section 1: Ordinance No. -,4990-68, as amended, commonly known as the Zoning Ordinance of the City of South Bend, is hereby amended in order that the zoning classification of the following described real estate be established as an Historic Preservation District with such uses as permitted in Section 21-36.1 of the Municipal Code of the City of South Bend, Indiana, and shall be designated the Chapin Park Park Avenue Historic Preservation District: A parcel of land located in the West one of the Southwest quarter of Section 1, Township 37 North, Range 2 East, and the Southeast quarter of Section 2, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, IN bounded by Riverside Drive Local Historic District on the North, by Lafayette Boulevard on the East, by Madison Street on the South, and by Leland Avenue, Rex Street, Portage Avenue, Lindsey Street, and William Street on the West and more particularly described as follows: Beginning at the Southeast corner of Lot 43, Henricks and Grants Addition, said point being on the North right of way line of Madison Street; thence West along said North right of way line of Madison Street, 171.02 feet to a point; thence Northwest along said North line of Madison Street, 35.15 feet to the intersection of the North line of Madison Street and the East right of way line of William Street; thence North 393.95 feet, more or less along said East line of William Street to the South right of way line of Marion Street; thence West across the right of way line of William Street, 66 feet to the West right of way line of William Street, said point being the intersection of the West line of William Street and the South right of way line of Marion Street; thence Northwesterly across the right of way of Marion Street to the intersection of the South line of Marion Street and the Westright of way line of Portage Avenue, said point being the Southeast corner of Lot 55 Henricks and Grants Addition; thence Northwesterly, 303 feet, more or 1 2 less along said West line of Portage Avenue to the intersection of the South right of way line of Navarre Street and the West right of way line of Portage Avenue; thence continuing Northwesterly across the right of way of Navarre Street to the Southeast corner of Lot 6, Keller's Subdivision of Lots 16,17,18 and 20 of Burrough's Subdivision of Outlot 115, said point being on the North right of way line of INavaiie Street; thence West along said North line of Navarre Street to the intersection of the North line of Navarre Street and the East right of way line of the first North/South alley West of Portage Avenue; thence North and Northwesterly along said East line of the North/South alley to the intersection of said North/South alley with the South right of way line of the second East/West alley North of Navarre Street; thence West along said North line of the East/West alley, 60 feet, more or less to the intersection of said North line with the East right of way line of the first North/South alley East of Leland Avenue; thence North 130 feet, more or less, along said East line to a point that is 66.2 feet South of the South right of way line of Lindsey Street; thence West 14 feet across the alley right of way to the West line of said North/South alley; thence continuing West 116.02 feet, more or less, along the South line of three lots facing Lindsey Street, to the East right of way line of Leland Avenue, said three lots are a part of Lots 26 and 27, Burrough's Subdivision of Outlot 115 and are identified with the following Tax Key Numbers: 18-1018-0725, 18-1018-0726, and 18-1018-0727; thence North, 66.2 feet along said East line of Leland Avenue to the South right of way of Lindsey Street; thence continuing North across the Lindsey Street right of way to the North right of way line of Lindsey Street, said point also being the Southwest corner of Lot 1, Chapin Place ls` Plat, said Southwest corner also being the intersection of the North right of way line of Lindsey Street and the East right of way of Leland Avenue; thence West across the right of way of Leland Avenue, 60 feet to the intersection of the North line of said Lindsey Street and the West right of way line of said Leland Avenue; thence West along the North line of said Lindsey Street, 94 feet, more or less to the Southwest corner of a parcel identified as Tax Key Number 18-1057-2420; thence North 99 feet, more or less, along the West lot line of three lots facing Leland Avenue which are a part of Lots 4 and 5, St. Joseph County Agricultural Society Addition, and are identified with the following Tax Key Numbers: 18-1057-2420 (as shown above), 18-1057-2419, and 18- 1057-2418, said point also being on the South line of Lot 6 in said St. Joseph County Agricultural Society Addition; thence West along said South line of Lot 6 to the East right of way line of the first North/South alley West of Leland Avenue; thence North, 99 feet, more or less along said East line of the North/South alley to the South right of way line of Pierce Street; thence East, 160.3 feet, more or less along said South line of Pierce Street to the West right of way line of Leland Avenue; thence North along the projected right of way of said Leland Avenue and the existing right of way line of Leland Avenue to the Westerly right of way line of Portage Avenue; thence Northeasterly across the right of way of Portage Avenue to the intersection of the Easterly right of way line of Portage Avenue and the East right of way line of Leland 1 Avenue, said point being the Southwest corner of Lot 1; Shetterley Place 1" Plat; thence Northwesterly across the right of way of Leland Avenue to the Easterly line of Portage Avenue; thence Northwesterly along said Easterly line of Portage Avenue to the Southwest corner of Lot 37, Shetterley Place 2"a Plat; thence Northeasterly, 132 feet along the Southeast line of said Lot 37 to the West right of way of the. first Northwesterly alley North of Portage Avenue; thence Northwesterly, 174.1 feet, more or less along said West line of the alley to the South right of way line of Rex Street; thence North across said Rex Street right of way to the North line of Rex Street; thence East along said North line of Rex Street to the Southwest corner of Lot 26, Shetterley Place 2"a Plat; thence North along the West line of said Lot 26 to the South right of way line of the first East/West alley North of Rex Street; thence East along said South line of the East/West alley to the Northwest corner of Lot 21, North Shore Terrace, 1" Addition; thence North along " the West line of said Lot 21 projected across said East/West alley to the Southwest corner of Lot 100, Subdivision of Part Large Lot A, Portage Park Addition; thence North along the West line of said Lot 100, a distance of 80 feet to the North line of a lot identified as Tax Key # 18-1062-2643; thence East along said North line of said lot identified as Tax Key #18-1062-2643 to the East right of way line of Leland Avenue; thence continuing West along said North line projected East to the East right of way line of said Leland Avenue; thence North along said East line of Leland Avenue to the North line of Lot 62, Subdivision of Part, Large Lot A, Portage Park Addition; _thence East along said North line of Lot 62 a distance of 69 feet to the West line of a parcel identified as Tax.Key Number 18-1062-2634; thence South a along the East line of said parcel to the South line of said Lot 62; thence East along said South line of Lot 62 to the first North/South alley East of Leland Avenue; thence continuing East, 16 feet to the West right of way line of said North/South alley; thence South along said East line of said alley to the South line of a parcel identified as Tax Key Number 18-1016-0614.01, said parcel being a part of Lot 40, Chapin Place 1St Plat; thence East along the South line of said parcel 44.30 feet, more or less to the East line of said parcel; thence North along the East line of said parcel to the South right of way line of Riverside Drive; thence Southeasterly along said South line -of Riverside Drive to the Northeast corner of Lot 40, Chapin Place 1St Plat and the intersection of the South line of Riverside Drive and the East right of way line of Forest Street; thence continuing Southeasterly, 60 feet, more or less across said Forest Street right of way to the Northwest corner of Lot 44, Chapin Place 1St Plat and the intersection of the South line of Riverside Drive and the East line of Forest Street; thence South along the East right of way line of Forest Street to the North line of a parcel identified as Tax Key Number 18-1016-0627; thence East along the North line of .said parcel a distance of 70 feet, more or less to the East line of said parcel; thence South along the East line of said parcel to the North line of Lot 46, Chapin Place 1" Plat; thence East along said North line of Lot 46, 44.5 feet, more or' less to the East right of way line of the first North/South alley East of Forest Street; thence South along said East line of the 3 North/South alley to the Southeast corner of said Lot 46; thence East across the 12 foot alley right of way to the Northwest corner of lot 72, Chapin Place 1" Plat; thence East along the North line of Lot 72, 120 feet, more or less to the West right of way line of Park Avenue; thence continuing East, 60 feet, more or less across the Park Avenue right of way to the East right of way line of Parc Avenue; thence South along said East line of Park Avenue to the South line of Lot 4, Anderson's 1St Subdivision; thence East along said South line of said Lot 4 to the West right of way line of the first North/South alley East of Park Avenue; thence continuing East,10 feet to the East right of way line of said North/South alley; thence South along said East line of said North/South alley to the Southwest corner of Lot 7, Anderson's 1St Subdivision; thence East along the South line of said Lot 7 and Lot 8 of Anderson's 1St Subdivision a distance of 94 feet, more or less to the East line of said Lot 8; thence North, 117 feet, more or less along said East line of Lot 8 to the South right of way line of Riverside Drive; thence East along said South line of Riverside Drive to the West right of way line of LaFayette Blvd; thence South along said West line of LaFayette Blvd to the North right of way line of Marion Street; thence West along said North line of Marion Street to the East right of way line of the first North/South alley West of LaFayette Blvd; thence continuing West across the 14 foot right of way of said North/South alley to the West line of said alley, said point also being the Southeast corner of Lot 51, Henricks and Grants Addition; thence South across the right of way of Marion Street, 82.5 feet to the South right of way line of Marion Street, said point also being the intersection of the South line of Marion Street and the west right of way line of the first North/South alley West of LaFayette Blvd; thence South along said West line of the North/South alley, 410 feet, more or less to the point of beginning. Section 2: The Historic Preservation Commission of South Bend and St. Joseph County, and the neighborhood association, together shall adopt guidelines for historic preservation within the Chapin Park — Park Avenue Local Historic Preservation District. Section 3: This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 1St Reading: Public Hearing: 3rd Reading: Not Approved: Referred: Passed: Member of the Common Council 4 .,y CHAPIN PARK PROPOSED LOCAL HISTORIC DISTRICT PROPERTY LIST 304 NAVARRE STREET 305 NAVARRE STREET 306 LAMONT TERRACE 307 LAMONT TERRACE 307 LAMONT TERRACE 308 LAMONT TERRACE 309 MARION STREET 309 NAVARRE STREET 310 LAMONT TERRACE 310 NAVARRE STREET 311 LAMONT TERRACE 311 MARION STREET 311 NAVARRE STREET 312 NAVARRE STREET 313 MADISON STREET 315 LAMONT TERRACE 315 NAVARRE STREET - 316 MARION STREET 3161/ MARION STREET 318 MARION STREET 316 LAMONT TERRACE 317 LAMONT TERRACE 317 MADISON STREET 317 MARION STREET 318 LAMONT TERRACE 318 NAVARRE STREET - -- 319 LAMONT TERRACE 319 MADISON STREET 319 MARION STREET 319 NAVARRE STREET 320 NAVARRE STREET 322 MARION STREET 323 MARION STREET 323 % MARION STREET 323 NAVARRE STREET 325-327 MARION STREET 326 MARION STREET 326 NAVARRE STREET 327 MADISON STREET 328 MARION STREET . 329 MADISON STREET 330 NAVARRE STREET 334 NAVARRE STREET 336 NAVARRE STREET _ 402-404 NAVARRE STREET 405 LAMONT TERRACE 406 MANITOU PLACE 1 407 LAMONT TERRACE 407 NAVARRE STREET - 601 PARK AVE 410 MANITOU PLACE 410-412 WILLIAM STREET_-_ _ 412 LAMONT TERRACE _ 413 LAMONT TERRACE_ 413 NAVARRE STREET 414 LAMONT TERRACE 414 WILLIAM STREET 415 LAMONT TERRACE 416 MANITOU PLACE _ ____ - 417 NAVARRE STREET 418 LAMONT TERRACE 418 WILLIAM STREET '419 LAMONT TERRACE _ 420 LAMONT TERRACE _ :420 MANITOU PLACE 420 - 422 N WILLIAM S_T_REET '421 MANITOU PLACE - -- -- _ 421 NAVARRE STREET, 424 LAMONT TERRACE 424 MANITOU PLACE 425 LAMONT TERRACE ;t 425 NAVARRE STREET ` 426 LAMONT TERRACE 426 WILLIAM STREET 427 LAMONT TERRACE 430 LAMONT TERRACE 431 LAMONT TERRACE 435 LAMONT TERRACE 439-441 LAMONT TERRACE/ 704 FOREST 501 LAFAYETTE BOULEVARD 503 LAFAYETTE BOULEVARD 505 LAFAYETTE BOULEVARD 508 LINDSEY AVENUE 510 LINDSEY AVENUE 512 LINDSEY AVENUE 514 WILLIAM STREET 515 LAFAYETTE BOULEVARD 521-523 LAFAYETTE BOULEVARD ,527 LAFAYETTE BOULEVARD - 601 -603 LAFAYETTE BOU_LE_VARD _ 601 PARK AVE / 407 NAVARRE STREET 605 PORTAGE AVENUE- - - 605 REX STREET . 607 LAFAYETTE BOULEVARD 607 PARK AVENUE 608 PARK AVENUE CHAPIN PARK PROPOSED LOCAL HISTORIC DISTRICT PROPERTY LIST 608 REX STREET___ _ 609 LAFAYETTE BOULEVARD 609 PORTAGE AVENUE 609 REX STREET 610 PARK AVENUE 6110 PORTAGE AVENUE 611 PORTAGE AVENUE 612 PORTAGE AVENUE 613'/2 LAFAYETTE BOULEVARD 613 PARK AVENUE 614 PORTAGE AVENUE 615 PORTAGE AVENUE 615 REX STREET 616 PARK AVENUE 616 REX STREET 617 CHAPIN PLACE 617 LAFAYETTE BOULEVARD 617 PARK AVENUE 617 PORTAGE AVENUE 617- 617 % REX STREET 618 PARK AVENUE 619 PARK AVENUE 620 PARK AVENUE 620 PORTAGE AVENUE 621 LAFAYETTE BOULEVARD 621 PORTAGE AVENUE 621- 623 REX STREET 622 PARK AVENUE 622 PORTAGE AVENUE 623 PARK AVENUE 624 PARK AVENUE 624 PORTAGE AVENUE 625 LAFAYETTE BOULEVARD 626 PARK AVENUE 626 PORTAGE AVENUE 627 PORTAGE AVENUE 628 PARK AVENUE 628 PORTAGE AVENUE 629 LAFAYETTE BOULEVARD 629 PORTAGE AVENUE 631 LAFAYETTE BOULEVARD 632 PORTAGE AVENUE 633 LAFAYETTE BOULEVARD 701 REX STREET 702 PORTAGE AVENUE 703 LELAND AVENUE 703 PORTAGE AVENUE 2 704 FOREST (439-441 LAMONT TERRACE) 705 LELAND AVENUE 706 PARK AVENUE 706 REX STREET 707 LELAND AVENUE 708 FOREST AVENUE 710 PARK AVENUE 710 PORTAGE AVENUE 710 REX STREET 711 FOREST AVENUE - 711 LELAND AVENUE 712 FOREST AVENUE 714 - 716 PORTAGE AVENUE 714 FOREST AVENUE 715 FOREST AVENUE 715 LELAND AVENUE 715 PARK AVENUE 717 FOREST AVENUE 720 FOREST AVENUE 720 PARK AVENUE 720 PORTAGE AVENUE 721 FOREST AVENUE 721 PARK AVENUE 723 PARK AVENUE 724 PORTAGE AVENUE 725 - 727 FOREST AVENUE_ 725 PARK AVENUE 728 PORTAGE AVENUE., --- 728-728 % LELAND AVENUE 730 PARK AVENUE 730-730 % LELAND AVENUE 734 LELAND AVENUE 734 PARK AVENUE 736 PORTAGE AVENUE 738 LELAND AVENUE 738 PARK AVENUE 739 LELAND AVENUE 740 PORTAGE AVENUE 742 LELAND AVENUE 742 PORTAGE AVENUE 744 PORTAGE AVENUE 745 LELAND AVENUE 747 LELAND AVENUE 748 PORTAGE AVENUE 750 LELAND AVENUE 750 PORTAGE AVENUE 751 LELAND AVENUE CHAPIN PARK PROPOSED LOCAL HISTORIC DISTRICT PROPERTY LIST 754 LELAND AVENUE 756 PORTAGE AVENUE 760 LELAND AVENUE 760 PORTAGE AVENUE 762 PORTAGE AVENUE 764 PORTAGE AVENUE 768 PORTAGE AVENUE_ 801 FOREST AVENUE 801 PARK AVENUE 802 FOREST AVENUE 802 LELAND AVENUE 802 PORTAGE AVENUE 803 ASHLAND AVENUE 803 FOREST AVENUE 803 PARK AVENUE 804 PARK AVENUE 804 PORTAGE AVENUE 8051AFAYETTE BOULEVARD 805 LELAND AVENUE / 808 ASHLAND AVE 806 LELAND AVENUE 807 ASHLAND AVENUE 807 FOREST AVENUE 808 ASHLAND AVENUE / 8.0_5_ LELAND AVE 808 FOREST AVENUE 808 PORTAGE AVENUE - 809 FOREST AVENUE 809 PARK AVENUE 810 LELAND AVENUE 810 PARK AVENUE 810 PARK AVENUE 811 LELAND AVENUE 812 FOREST AVENUE 813 ASHLAND AVENUE 813 PARK AVENUE 814 ASHLAND AVENUE 814 FOREST AVENUE 815 ASHLAND AVENUE 815 FOREST AVENUE 815 LELAND AVENUE 815 PARK AVENUE 816 FOREST AVENUE 816 LELAND AVENUE 816 PARK AVENUE 817 ASHLAND AVENUE 817 FOREST AVENUE 817 LELAND AVENUE 817 PARK AVENUE 3 818 LELAND AVENUE 819 PARK AVENUE _ '_820 ASHLAND AVENUE '820"N MICHIGAN STREET _(LEEPER_PARK _) 820 PARK AVENUE 821 ASHLAND AVENUE 821 FOREST AVENUE . 822 LELAND AVENUE 824 FOREST AVENUE 824 PARK AVENUE '825 ASHLAND AVENUE '826 ASHLAND AVENUE ;826 FOREST AVENUE '826 LELAND AVENUE 827- 829 FOREST AVENUE 827 PARK AVENUE- - - -"- 828 PARK AVENUE 830 FOREST AVENUE :830 PARK AVENUE 831 FOREST AVENUE 831 PARK AVENUE 833 ASHLAND AVENUE 833 FOREST AVENUE 834 FOREST AVENUE 834 PARK AVENUE 835 ASHLAND AVENUE 835 PARK AVENUE 836 FOREST AVENUE 836 PARK AVENUE 837- 839 FOREST AVENUE 838 PARK AVENUE 841 PARK AVENUE 843 FOREST AVENUE 843 PARK AVENUE 844 FOREST AVENUE 844 PARK AVENUE 845 PARK AVENUE 846 FOREST AVENUE 846 PARK AVENUE 847 FOREST AVENUE 849 FOREST AVENUE 850 FOREST AVENUE 851 PARK AVENUE 853 FOREST AVENUE 856 FOREST AVENUE 857 FOREST AVENUE 858 FOREST AVENUE CHAPIN PARK PROPOSED LOCAL HISTORIC DISTRICT PROPERTY LIST 861 FOREST AVENUE 863 FOREST AVENUE 865 FOREST AVENUE 902 LELAND AVENUE 905 LELAND AVENUE 906 LELAND AVENUE 908 LELAND AVENUE 910 LELAND AVENUE 911 LELAND AVENUE 913 LELAND AVENUE 914 LELAND AVENUE 917 LELAND AVENUE 918-920 LELAND AVENUE VACANT LOT 340 W NAVARRE STREET: LOT 4 S 62 FT & 1/2 VAC ALLEY BURROUGHS SUB VACANT LOT 362 LAFAYETTE BOULEVARD: 3FTSOSIDE9FTEEND NE COR LOT 362 ORIGINAL PLAT VACANT LOT 363 LAFAYETTE BOULEVARD: LOT 363 EX 48 FT S SIDE ORIGINAL PLAT VACANT LOT ADJ 508 LINDSEY AVENUE: W 33' NW PT LOT 28 BURROUGH SUB VACANT LOT NAVARRE STREET - W 69 FT OF S 33 FT LOT 359 VACANT LOT PARK AVENUE: BEG 209.3'N COR PARK & NARVARRE ANDERSONS SUB OF BOL 117 VACANT LOT 51 33X100 MARION STREET VACANT LOT 51 33X25 MARION STREET VACANT LOT 5 64X152 PORTAGE AVENUE VACANT LOT 400 BLK NAVARRE STREET: LOT 16 EX NW PT EX NE PT&EXSEND FASSNACHTS SUB. VACANT LOT 400BL NAVARRE STREET: 42X60 FT NE COR LOT 16 FASSNACHTS SUB. VACANT LOT RIVERSIDE DRIVE (LOT 22) 4 DEAL STRUCTURING STRATEGIES • ' ' '0124 ZA I I OBTAINING GOVERNME-N' Registration Form , APPROVALS Narne — --- -- firm or Organization EQUITY FROM CORPORAI Street AND INSTITUTIONAL � �------- ------ -- ---------=-- City/State/Lip INVESTORS Phone rax STATE HISTORIC Email TAX CREDITS + h� Registration Fee: _ ❑Early Registration: $495 NEW MARKETS (Postmarked by October 20, 2004) ❑General Registration $575 $ TAX CREDITS # (Postmarked after October 20, 200-1) '4 ❑Non-Profit/Government Early Registration $395 (Postmarked by October 20, 2004) $ Ir ❑Non-Profit/Government Registration 1 $450 (Postmarked after October 20, 2004) $ Location $ Fairmont Copley Plaza Ilotel Total Enclosed '•;� t^ 138 St. James Ave. v�. ❑ I plan to stay at the Fairmont Copley Plaza. tictober 20 Boston, MA 02116 ❑ I'lease check this box and indicate below any trreducedWithin the historic. Back Bay, 'I'lic I,airnunn t •. : `j specific Food allergies that you have.*.-gistration fee.Copley Plaza is located along will] the r Itry2 =h A Boston Public Library,'liinity (;hard]• and fiancock -lower at Coplcy Square. Built �n ,# Iayntent in full must accompany registration.c t.1' in 1912, this elegant hotel Inas stood as a Make checks payable to the Historic. Tax Credit Conference. , • until symbol of Boston's rich tradition of c alone Mail to: Ilistoric 1:1x Credit Conference , , . history and hospitality. LO. Box :3,1375 For fiuthc•r regisn:uion .! Washington, UC 20005 4.,. i or gcncral conti:rencc informal ion: ' Or if, paying by credit card, lax to: reserve a a -mail: PI'S tpsc0nlercnce(vnpti.goe atnf 'f I-listoric'lax Credit Conference at (202) 871-1616. or call (202)—:154-20-10 3 ❑ Mastercard ❑ Visa Irmont Copley Hotel at Card Number Cancellation/Refund Policy 17) 267-5300. t `�* A $75 adn]inistative fee will be { Expiration Date charged for canceled registrations. A rcfirnd minus this Icc will be gicc•n Name on Card fill. canc•cll:uions received in writing f + j• by November 1, 200. 4g Signature r , John H. Oxian, President South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Jerry Price 1609 N. Brookfield Street South Bend, IN 46628 Dear Mr. Price: Phone: 574-235-9798 Fax: 574-235-9578 e-mail: historic@michiana.org . A Certified Local Government Tuesday, August 24, 2004 RE: Landmark Procedures and 1248 Lincoln Way West Karen R. Hammond -Nash, Director Per your request, I am sending information about local landmark designation procedures. To initiate the designation process, a building, site, or structure must first be nominated. A nomination may be brought forward by a member of the public, the Landmark Committee of the Historic Preservation Commission, or by the Commission as a whole. The Landmark Committee of HPC and HPC staff then resurvey the property and draft a re- port of on the property's special historic, architectural, and educational value to the South Bend community. The Committee and staff determine the building's historic connection and value to the development of South Bend or to a person or persons of historic significance, its embodiment of ar- chitectural craft and design, its educational value, and suitability for preservation. At a public hear- ing, the Commission could then accept the report and vote on whether or not to proceed with a rec- ommendation for landmark designation. Tied to landmark designation are preservation standards. These standards are tools to pro- tect the character defining features of a building and its site. These features together constitute the building's individual style, embody the building's purpose, and the ideals of the designer or the cli- ent, influence the surrounding civic environment, and the value of a property. To ensure that the character defining features are maintained, the Commission has a review process for the exterior of buildings and their sites, and releases Certificates of Appropriateness (C of As) permits for approved projects. I have enclosed a copy of the standards and the permit proce- dures. Often, owners of prospective landmark buildings review these standards and consent to their application before the designation process continues. The landmark nomination then proceeds through the public hearing process. HPC holds a first and second reading on landmark designation. At the second reading, the Commission can vote COMMISSIONERS Mary Jane Chase Virginia O'Hair (Secretary) Gerald Ujdak Martha Choitz Lynn A. Patrick (Vice President) Diane Wrobel-Illes Catherine Hostetler (Treasurer) Joann Sporleder (Architectural Historian) John Livingston (Legal Counsel) to recommend the nomination of the structure to the appropriate legislative body, the Common Council in this case. The Common Council will then hold hearings on the recommendation and may or may not vote in favor of an ordinance for landmark designation. If the ordinance is approved by the Council, the Com- mission notifies the owner(s) of the decision, and the preservation standards and review procedures then take effect. I understand you may have contacted one member of t he I andiiiarks Comjn;ttee already regard.ng the Elizabeth Memorial Church in God and Christ, 1248 Lincolnway West. The second member of the Landmark Committee is Virginia O'Hair, Secretary of HPC. She has much experience on the Landmark Committee, is an active member of the South Bend community, and has a particular interest in the Natato- rium. The Common Council has designated two other churches in South Bend local landmarks: the First Presbyterian Church, now know as the People's Church, and Emmaus Lutheran Church. The reverend, pastor, or governing council of these two congregations may be able to discuss with you their experience of the landmark process if you have not contacted them already. I hope you find this information helpful. Do call again if you have any other questions, or if I may provide further information. Si cerely, Ju e . Schutte, As ' to t Director Cc: HPC Landmark Committee Members HPC Members Pastor Joe Howard, Elizabeth Memorial Church of God in Christ r 1 THE HISTORIC PRESERVATION COMMISSION 2 OF SOUTH BEND & St. JOSEPH COUNTY 3 MONTHLY MEETING 4 5 MINUTES 6 7 September 20, 2004 7th Floor, Commissioner's Conference Room 8 County -City Building, South -Bend, IN 9 10 MEMBERS PRESENT: Martha Choitz, Gerald Ujdak, John Oxian, Diane 11 Wrobel-Illes, Lynn Patrick, Mary Jane Chase, 12 Catherine Hostetler 13 14 MEMBER ABSENT: Joann Sporleder 15 16 STAFF PRESENT: Karen Hammond -Nash, Director 17 Julie Schutte, Assistant Director 18 - 19 STAFF ABSENT: John Livingston, City Attorney, 20 21 ALSO PRESENT: Tom and Ann Price, Elizabeth Farr, Ann Carol - 22 Nash, (City Attorney) 23 24 I. CALLED MEETING TO ORDER 25 26 LYNN PATRICK: Called the meeting to order at 7:30 p.m: 27 28 II. PUBLIC HEARING 29 30 A. CERTIFICATES OF APPROPRIATENESS 31 32 1. 2004-0830; 1049 Riverside Drive; replace rear wood storm door; replace 33 original wood double -hung window with glass block window. 34 35 KAREN HAMMOND-NASH: (See staff report). The homeowners are present. 36 37 TOM AND ANN PRICE: Briefly described to commission members the proposed work that is to 38 be done to said property. They also passed out pictures and written material for commission 39 members. We would like to withdraw the window replacement from the application. Staff and the 40 Commission have given us useful solutions to reduce the water problems we have in the bathroom, 41 especially around the bathroom window. 42 43 JOHN OXIAN: I will make a motion that since you had a non-contributing door when the district 44 was established, which means that there was no original wood storm door, then in this situation 45 and pertaining only to this house, I move to approve an aluminum storm door to replace the 46 existing wooden door. l 47 . CATHERINE HOSTETLER: Seconds the motion and it passes unanimously. 48. 49 2. 2004-0903-1; 740 Bronson Court; replace wooden retaining wall with stonewall 50 and metal fence. 51 52 KAREN HAMMOND-NASH: (See staff report attached to C of A). The homeowner, Elizabeth 53 Farr is present. 54 55 ELIZABETH FARR: Briefly described the proposed project, a 12" concrete block wall 4' in 56 height with stone fagade, 10 corner posts with lights, and metal fence above. 57 58 Several Commission members noted that they needed scale drawings that provided information 59 about the look of the stonework, the placement of the posts and lights. 60 61 JOHN OXIAN: I will make a motion that this matter be referred to the Standards and 62 Maintenance Committee because more information is needed. A drawing of the proposal is to be 63 submitted prior to the Standards and Maintenance Committee meeting. The Standards and 64 Maintenance Committee then has the authorization to make the final determination on the - 65 application. 66 67 GERALD UJDAK: Seconds the motion and it passes unanimously. 68 69 3. 2004-0903-2; 739 Bronson Court; Infill building, 30 x 56' house with 6/12 pitch 70 gable -front roof and 30' x 22' detached garage. 71 72 ELIZABETH FARR: Briefly described to commission members the house she proposes to build 73 on said property. I would like to receive some recommendations and initial guidance for this 74 proj ect. 75 76 LYNN PATRICK: From what the staff report says, they have classified the house as a 77 Contemporary Greek Revival style house; because of the pediment and the layout of the front. 78 There are no Contemporary Greek Revival houses in that neighborhood, or historic Greek Revival 79 houses, for that matter. It is not consistent with what is in the neighborhood. (See drawing 80 attached to C of A). 81 82 JOHN OXIAN: I will make a motion that you be allowed to build a house on that lot, if the Board 83 of Zoning Appeals allows you to; but, we will work with you on the design and what you will 84 construct there. 85 86 CATHERINE HOSTETLER: Seconds the motion and it passes unanimously. 87 88 B. HEARING OF VISITORS: Dennis Andres, of the Palais Royal; 89 all others wishing to be heard. 90 91 DENNIS ANDRES: Executive Director of the Morris & Palais Royal requested to be heard on 92 account of a proposed sign for the Palais Royal. He passed around several historic photos of the 2 93 Palais Royal that showed the placement of the marquee, the sign for the Palace of Sweets, and the 94 large roof-top sign. He discussed in length the reasons for the sign — to bring in more business to 95 the Palais Royal, and for enhanced visibility of venue above the Vine Restaurant — the location of 96 the sign on the South facade. 97 Several commission members again reminded Mr. Andres that a sign had never histoncaiiy 98 been placed in the chosen location and that the sign did not refer to the Rococoesque architecture 99 and glitz of the Palais Royal. 100 101 JOHN OXIAN: I moved to advise for an identifying sign on the south side of the building near the 102 entrance with final approval given by the Indiana State Architectural Historian. 103 104 LYNN PATRICK: Seconds the motion and it passes. Martha Choitz opposed. [6-1] 105 106 JOHN OXIAN: I would like to make a motion that we move the yard light item to hearing of 107 visitors to enable Toy Villa to make a presentation. 108 109 MARTHA CHOITZ: Seconds the motion and it passes unanimously. 110 111 TOY VILLA from the City Engineering Department made a presentation on the City's Yard Light 112 Project. According to Toy, the project split the cost of the lamppost between the city and the 113 homeowner 50/50. The owner would pay the electric bill and the cost of maintenance. 114 The lamps are about five feet tall, and there are three choices from which to choose. The 115 purpose of the project is to increase security in South Bend's neighborhoods, provide uniform 116 lighting, and to possibly remove streetlights. 117 118 John Oxian mentioned that liaisons from historic districts are concerned that this program would 119 cause the removal of streetlights from the district, or in the least not promote the installation of 120 streetlights where streetlights are needed. West North Shore is a district where the entire north 121 side of the street is not lit. John mentioned the liaisons from the districts should be involved in this 122 policy decision before the commission determines how it would proceed on a possible blanket C of 123 A. 124 125 III. REGULAR BUSINESS 126 127 A. APPROVAL OF MINUTES: July 2004; August 2004 128 129 MARTHA CHOITZ: I will make a motion that we accept July 2004 and August 2004 monthly 130 meeting minutes. 131 132 133 134 135 136 137 MARY JANE CHASE: Seconds the motion and it passes unanimously. B. TREASURER'S REPORT C. COMMITTEE REPORTS (Nothing to report at this time) , 138 JOHN OXIAN: I would like to make a motion that Mary Jane Chase serve as temporary. secretary 139 and Gerald Ujdak serve as temporary treasurer until the end of the year. 140 141 LYNN PATRICK: Seconds the motion and it passes unanimously. 142 143 JOHN OXIAN: I have made the following committee changes: 144 1. Budget and Finance — Gerald Ujdak — Chairman 145 2. Historic Districts Diane Wrobel-Illes — Vice -Chairwoman 146 3. Standards and Maintenance — no .Vice -Chair 147 148 D. STAFF REPORTS 149 150 1. C of A Approvals; Correspondence: Leeper Park Bridge Lights; 151 Howard Park neighborhood. 152. 153 KAREN HAMMOND-NASH: Staff approved a few in-kind roof replacements, and tree removals 154 for dead and diseased trees. Staff received a letter regarding the Leeper Park Bridge lights from 155 IlVDOT. Apparently, the agreement between the state and the city has not been finalized, though it 156 was staff s understanding that monies had been set aside for the restoration of the lights. Members 157 of the Howard Park neighborhood are interested in George Kessler's landscape and boulevard 158 plan. Gerald Kline, of West North Shore, noted to staff his concerns regarding the city yard light 159 program the district's need for more streetlights. 160 The DHPA approved HPC's bid documents for the reprinting of the historic district.- 161 istrict.161 brochure. The bid documents have been submitted to three printers and the bid deadlines is 162 September 29. 163 164 2. Grant Status: Brochure; Decennial Survey of city & county. 165 166 KAREN HAMMOND-NASH: Staff also has been working on the decennial surveys for the city. 167 and the county. HLFI and DHPA agreed to amendments to the county survey, but not complete 168 resurvey. The surveys will be completed in separate printing and this has caused an increase in 169 cost. 170 171 John Oxian noted that his name and office should be added as a signatory and that the secretary's 172 line would also need to be changed. 173 174 Karen noted that the memorandum had been drafted by HLFI, and that they could certainly make 175 those changes. 176 177 3. Legal Report 178 (a) Fair Labor Standards Act; new interpretative regulations 179 180 ANN CAROL-NASH: I reviewed the memorandum that Karen drafted and I agree with what was 181 written regarding approving compensation time for the assistant director. 182 183 MARTHA CHOITZ: I move that we accept the memorandum on fair labor standards. FA, hu 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 MARY JANE CHASE: Seconds the motion and it passes unanimously. IV. OLD BUSINESS 1. Chapin Park Local Historic District update JOHN OXIAN: We received a memo to change the name of the district as proposed by the neighborhood association from Chapin Park - Park Avenue to simply Chapin Park Local Historic District. 2. Re -authorize Memorandum of Agreement with Historic Landmarks Foundation for new City Decennial Survey and amendments to county survey. KAREN HAMMOND-NASH: If the contract as proposed by HLFI meets with the approval of the commission with the minor corrections in the names of the signatory; they will then need a resolution to adopt it and authorize the president and secretary to sign it on behalf of the commission. LYNN PATRICK: I will make a motion that we adopt the September 21" Memorandum of Agreement. MARY JANE CHASE: Seconds the motion and it passes unanimously. V. NEW BUSINESS LYNN PATRICK: It has been recommended that the Historic Preservation Commission and supported by the County Commissioners require Karen Hammond -Nash to make full restitution of $552.50 for the stale dated checks; since she was responsible for the timely handling of these fees. I would like to make a motion that this be an accepted way of dealing with this unusual situation. MARTHA CHOITZ: Seconds the motion and it passes unanimously. 1. Accept resignation of Historic Preservation Commission officers. (Secretary Virginia O'Hair; Treasurer Catherine Hostetler) MARTHA CHOITZ: I will make a motion to accept the resignation of Virginia O'Hair. LYNN PATRICK: Seconds the motion and it passes unanimously. 2. Appoint interim secretary & treasurer to serve through December, 2004. MARY JANE CHASE: I will make a motion that Catherine be allowed to take a leave of absence from her position as treasurer and be allowed to serve as interim director. 5 230 DIANE WROBEL-ILLES: Seconds the motion and it passes unanimously. 231 232 3. Accept resignation of director 233 234 LYNN PATRICK: I will make a motion to accept the resignation of the current director, Karen 235 Hammond -Nash. 236 237 DIANE WROBEL-ILLES: Seconds the motion and it passes unanimously. 238 239 4. Review applications received for director position 240 5. Authorize staff attendance at O'Brien Conference 241 242 MARY JANE CHASE: I will make a motion that Julie and Catherine be allowed to attend the 243 O'Brien Conference in Madison, Indiana. 244 245 LYNN PATRICK: Seconds the motion and it passes unanimously. 246 247 VI. ANNOUNCEMENTS & MISCELLANEOUS MATTERS: 248 249 LYNN PATRICK: I went down to Leeper Park with Wayne and took pictures of the trees that 250 they want to limb up in Leeper Park. I also met with the city forester and went over with him the 251 pictures that Wayne had taken. I have indicated on these photographs where the city, forester 232 wants to make the cuts and why. (Refer to the pictures that Lynn Patrick brought in). 253 I would like to make a motion that we reverse our earlier decision regarding C of A 2004- 254 0610; and that we modify it to say trim trees at Leeper Park and in front of pumping station as 255 described. 256 257 CATHERINE HOSTETLER: Seconds the motion and it passes unanimously. 258 259 VII. ADJOURNMENT 260 261 GERALD UJDAK: I will make a motion to adjourn the meeting. 262 263 LYNN PATRICK: Seconds the motion and it passes unanimously. ADJOURNED 9:30 PM. 6 5� 00 Ei �n • 323 _ - -, cI �J yr? � toej y-5 ' rrr'nold s/�� rg t -- 7t:��gk� � ( / J _1.0' JCC J !u ' �-o �-04—t� k -a A 77 t.�-.