Loading...
HomeMy WebLinkAboutDecember 2005NOTICE OF MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY NOTICE IS HEREBY GIVEN THAT EN EXECUTIVE SESSION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY (THE "COMMISSION") WILL BE HELD ON DECEMBER 14, 2005 IN THE CONFERENCE ROOM OF THE OFFICE OF HISTORIC PRESERVATION AT 125 S. LAFAYETTE, SOUTH BEND, INDIANA 46601, COMMENCING AT 5:00 PM. THE PURPOSE OF THE MEETING WILL BE TO DISCUSS MATTERS PURSUANT TO INDIANA CODE 5-14-1.5-6.1 (b)(2)(B)• HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY President Dated: December 12, 2005 itie hereby given an executive gas' of the Historic lrvation Commis - of South Bend and held on useracer ln, 2005, in the Confer- ence 1, of the Of- fice of Historic Preser- vation at 125 S. Lafayette, South Band, Intliana 45501, com- mencing at 5:00 P.m. The Purpoae of .the meeting II be to dis- cuss matters pursuant to Indiana Code Sec- tion 5.14-1.5- a I(b)(2)(B). HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY President Dated: December 12, 2005' It: 12: 12 V wdn � lz ' 9 - -9 - moi - S; r /P - •z�, �i�.��l l 7 1 QX CA -1 -1" ? .7t 40 &- oKK rw ; uK Syrt PSKS?M 6K 5r'H OK SPM '►� > o K oYC -Itd ico O -K �xo e44&Vx—acct-,iu�, DK aK x • wear /o u A, o`!G dK, dolt du t rtK �." DK rQ4ua oK U i Page 1 of 1 Catherine Hostetler - Executive Session . . .,� ........ From: Catherine Hostetler To: lynska@aol.com; mjchasec@netscape.net; mjchoitz@aol.com; sporleder.1@nd.edu; Timothy S. Klusczinski; tzeiger@historiclandmarks.org Date: 12/7/05 4:28 PM Subject: Executive Session CC: Julie Schutte There will be an Executive Session of the Historic Preservation Commission on Wednesday, December 14 at 5:00 pm at the Office of Histroic Preservation at 125 S. Lafayette. It is anticipated that the meeting will last about 45 minutes and will be with our attorney Shawn Peterson concerning 840 Park COA. Please RSVP I will contact Jerry and Diane by phone. Thank you Catherine file://C:\WINDOWS\TEMP\GW } 00005.HTM 12/14/05 SPECIAL MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY HELD IN EXECUTIVE SESSION December 14, 2005 125 South Lafayette Blvd, South Bend HPC Offices, 0 Floor Members Present: Lynn Patrick [President], Martha Choitz [Vice -President], Diane Wrobel-Illes, Joann Sporleder [Architectural Historian], Todd Zeiger, Tim Klusczinski, Catherine Hostetler Members Absent: Mary Jane Chase [Secretary], Jerry Ujdak Staff Present: Catherine Hostetler [Director], Julie Schutte [Assistant Director], Wayne Doolittle [Inspector], Shawn Peterson [Legal Counsel] I. CALL TO ORDER: Lynn Patrick called the meeting to order at 5:25 pm. This was a special meeting of the Commission held in executive session pursuant to Indiana Code 5-14-1.5- 6.1(b)(2)(B). Only matters pertaining to the threat of litigation regarding 840 Park Avenue, Certificate of Appropriateness 2005-1104A and strategies thereof could be and were discussed at this closed -door meeting. H. REPORT FROM LEGAL COUNSEL: Shawn gave the Commission a summary of the purpose of this meeting - the homeowners of 840 Park had retained an attorney, Robert Rodes, in order to appeal the Commission's denial of C of A 2005-1104A - and an update on his recent correspondence with Rodes. He had negotiated a waiver of the 15 -day requirement of written notice of the denial upon a Commissioner's promise to move to reconsider the CoA at the December meeting. Shawn briefed the Commission on the proceedings of an appeal and the various arguments that could be used by Rodes during the hearing of the appeal. III. DISCUSSION OF LITIGATION STRATEGY: After much discussion, it was proposed that a motion may be made "to allow the inappropriate alteration to remain" and that Shawn should speak with Rodes to determine if this would be acceptable to his clients. Several other suggestions were also made. The Board will take final action on denying C of A 2005- 1104A at their regular December 19 meeting." No other items were discussed. IV. ADJOURNMENT: Lynn Patrick adjourned the meeting at 7:20 pm. AGENDA OF THE DECEMBER 199 2005 COMMISSION MEETING lar Meeting 4th Floor COUNCIL CHAMBERS County -City Building Monday, December 19, 2005 7:30 PM I. CALL TO ORDER, ROLL CALL II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. Any Reconsidered Certificates of Appropriateness 2. 2300 Portage Avenue COA 2005-1028 3. 1112 E. Wayne Street COA 2005-1202 4. 508 Lindsey COA #2005-1207 B. LANDMARK 1. Studebaker Building 30-30A Rescind Interim Protection C. NATIONAL REG181 EK NOMINATIONS 1. Owner Comments on Walker's Field Shelter House, Northside Boulevard Riverwall and North Liberty Park III. REGULAR BUSINESS A. APPROVAL OF MINUTES November 21, 2005 B. TREASURER'S REPORT C. COMMITTEE REPORTS 1. President's Report: D. STAFF REPORTS: 1. C of A Approvals; Correspondence; A. Director's Report B. Assistant Director's Report 2. Legal A. Committee Work IV. OLD BUSINESS 1. Update on District Guidelines and Booklets 2. Vote on Amendment to By -Laws 3. Michigan Street Bridge: additional COA extension V. NEW BUSINESS 1. Reconsideration of COA #2005-1104A, 840 Park Avenue VI. HEARING OF VISITORS AND ADJOURNMENT SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION DECEMBER 19, 2005 MEETING GUESTS: PLEASE SIGN THIS LIST SO THAT YOUR PRESENCE CAN BE NOTED FOR OUR, Print Name JO�AI_ �e2n 'kilt MINUTES Address Signature Lim- ►► 6z C . W a,,," 4k. "� -Flt� -Z� c¢9 Application: 2005 —1028 2300 Portage Avenue — Riverview Gatehouse The additional evaluation from the applicant for 2300 Portage may not be available until the night of the meeting. Summary materials for this CoA have been provided; see the November packet for full documentation. STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 11/10/05 Application Number: 2005-1028 Property Location: 2300 Portage Avenue Property Owner: Alderwoods Group, Toronto, Canada Landmark or District Designation: Local Landmark— designated in 2000 Rating: Significant —12/ Notable STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT Romanesque Style gatehouse designed by Claude K. Howell, notable Midwest architect in 1900 Granite masonry units are cut and constructed in much the same way as other stone buildings in the area including Tippecanoe, Copshaholm, and the Birdsell House, which were constructed by expert German stonemasons. They shaped granite boulders with hand tools and fitted each into the fagade. APPLICATION ITEMS: Demolition of the entire structure RECOMMENDATION This is a case of demolition by neglect. The building does not serve the needs of the cemetery administration, so the owners have not put the necessary money into the building to maintain it nor have they sought another use for the gatehouse. They have let it sit hoping that it will deteriorate to a point where it would not be economically feasible to repair; thereby, tying the hands of the Commission. In 2002, HPC's Inspector reviewed the building and found repairs were needed, especially the roof. A letter was sent to the owners requesting repair of the building. Photos of the building were also sent to Code Enforcement, but this building has not been placed on their agendas. The building does need repair but it is not beyond repair. As an administrative office for a cemetery, the building might not make enough revenue to cover maintenance costs, but other uses would certainly be able to support the building economically. Any number of uses could be found for the building besides cemetery administration purposes - an interfaith chapel for memorial services, an upscale restaurant, offices, or banquet/event space. The city may be purchasing right-of-way from the cemetery to construct a roundabout at the intersection of Portage and Lathrop. These monies could be used for the repair building. Staff does not recommend approval. There will be a report from the Landmarks Committee on this matter presented at the November meeting. 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 Building South Bend, Indiana 46601 Phone: 574-235-9798 • Fax: 574-235-9578 • Email: SBSJCHPC@co.st-joseph.in.us Website: http://www.sgosephcountyindiana.com/s chp/index.htn l OFFICE USE ONLY »»» DO NOT COMPLETE ANY ENTRIES CONZSINED IN THIS BOX »»» OFFICE USE ONLY Date Received/0 Application Number of 0 O S - 100A Past Reviews: ❑ YES (nate of last Review) ANO Staff Approval authorized by: Title: Historic Commission Review Date: 11'"14'910015. Local Landmark ❑ Local Historic District (Name) National Landmark E] National Register District (Name) Certificate of Appropriateness: 7 Denied [j Tabled F] Sent To Committee [-] Approved and Issued DATE Address of Property for proposed work: 2300 Portage Avenue. South Bend Street Number and Street Name Name of Property Owner(s): (Please print) Alderwoods Group, Inc. Address of Property Owner(s): Contractor(s) Name: Contract Company Name: Contractor Address: City: Current Use of Buildinp• varant- Type of Building Construction: 259 Yorkland Rd., Toronto, Canada, M2J 5B2 Phone: (Single Family - Multi -Family - Commercial - Couernment - Industrial - Vacant - etc.) combination wood frame and stone ( Wood Frame - Brick - Stone - Steel - Concrete - Other) Proposed Work: ❑ In-kind F] Landscape F] New ❑ Replacement (not in-kind) ® Demolition (more than one box may be checked) Description of Proposed Work: Please see attached description. Owner/Contractor: Fax:_(57G1 947-97RQ e-mail ppri mmor@majrl nrhur (This office mill correspond eoith only one designee) __mar, attarney—£^r In-- - APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — DEC -06-2005 10:2? r Irk MAY • OBEMLL • LARBER A t l c r it c 9 s A Legacy of Service Since 1856 John H. Peddycnrd E. Spence Walton, Jr. Jcfl'cry A. Johnson Robert J. Palmer Weodcll. W. Walsh Patricia E. Primmer W. Todd Woelfrr Bradley L. Varner D. Andrew Spalding Jane F. Bennett Richard F. Nugent, Jr. Christuphcr R Putt Gcorgiannc Nt Walker Michael W. Arnold Marccllus M. Lebbin Smpbattie L. Nomcth P.01i01 Of Counsel: John J. Larber JefFrry S. Flardin8 December 6, 2005 Pia Facsimile (574)235-9578 ED Ms. 'Catherine Hostetler Historic Preservation Commission 125 S. Lafayette Blvd. South Bend, IN 46601 Re: Alderwoods, Application to Demolish the Riverview Cemetery Gatehouse Dear Ms. Hostetler: Pursuant to your email request regarding additional data, we are getting an evaluation done. However, this will not be ready by December 8, 2005. Very truly yours, Jl cart, Patricia E. Primmer pprimmer@maylorber.com 517k0 F: ClientS1A03451650011Correspondencc\2005-12-6 LT C Ifusieda rc evduadon.doc 4100 Edison Lakes Parkaay,Suhe 100 • Mishawaka. Indiana 46545 • Telephone (574)243-4100 • Facsimile (574) 232-9789 . w .Mayl.otbercom Mishawaka • South Bend . Fort Wayne TOTAL P.01 0 HISTORIC I I FOUND ARKS OF IND" November 16, 2005 Catherine Hostetler, Director Historic Preservation Commission South Bend/St Joseph County Catherine, Per your request I walked through the Cemetery Gatehouse at 2300 Portage Avenue on November 15, 2005, I was very impressedsvith hoth_the architecture and -the excellent condition the property was in. I basically disagree with just about every element of the rehabilitation write-up the applicant provided. There has, however, been long deferred maintenance throughout the structure. My findings are as follows: 1) Roof The roof is a red slate on the main structure and an organic three -tab shingle on the early, rear addition. The red slate roof is in surprisingly good condition. I inspected the property during a hard rain and saw no roof leaks inside the building. The addition should have a complete tear -off and new shingles installed to match the color of the red slate. Slate & Flashing Repairs $12,000 Addition Roof, approximately 6 squares at $500 p/sq $3,000 Gutters & Downspouts $3,000 2) Masonry & Concrete Flat Work The exterior stone and the foundation are in excellent condition. Minor re -pointing of the exterior stone and foundation stone is needed. New parging on the exterior of the addition's brick foundation is also needed. The stone chimney does not need to be replaced just re -pointed with a new cap installed. There are some cracks in the stucco panels on the main building as well as the addition. The sidewalks around the building should be replaced for positive drainage. The foundation walls do not need to be excavated as new sidewalks and re -grading around the perimeter of the foundation will take care of the drainage problem. Re -Pointing $8,000 Parging $2,000 Stucco Repair $8,000 Sidewalk Replacement $8,000 3) Exterior Wood & Painting While there is some rot on the front porch headboard ceiling and ancillary trim, the overall condition of the exterior wood trim elements is very good. Limited replacement of the wood and architectural epoxies are needed. The entire building needs to be re- painted. Painting will include removal of all paint from wood surfaces and thorough scraping of the stucco elements. ADA ramp included. Wood Repair $10,000 Exterior Painting $15,000 ADA Ramp $10,000 4) Windows and Storms All of the original windows are in fully restorable condition. These windows can be made more energy efficient than a replacement for comparable or less money. Complete restoration includes paint and putty removal, weather-stripping, and new combination wood storms Window Restoration @ $650 per opening x approx. 20 openings $13,000 5) HVAC, Electrical and Plumbing Complete re -wiring; new plumbing and fixtures; all new heating and air conditioning system. This includes an ADA bathroom. HVAC, Electrical and Plumbing $40,000 6) Interior Finishes The original plaster for the most part is in very good condition. Plaster, woodwork and floor refinishing is needed. Flooring $8,000 Woodwork $6,000 Plaster Renairs $8.000 All repairs $154,000 20% contineencv 530.800 Total Rehab Costs $184,800 Sincerely, Bob Yapp Community Preservation Specialist Northern Regional Office Historic Landmarks Foundation of Indiana 402 West Washington Street South Bend, Indiana 46601 574-232-4534 fax: 574-232-5549 byapp@historiclandmarks.org www.historidandmarks.org r. STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: December 9, 2005 Application Number: 2005-1202 Property Location: 1112 East Wayne Street Property Owner: John Sitter and Kate Ravin Landmark or District Designation: East Wayne Street LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This 1926 Renaissance Revival style home was designed by H.R. Stapp and constructed by Whitcomb & Keller for Edmund Slick and his first wife, Minnie. Mr. Slick was the owner of Slick's Engraving Company and was the president of Slick's Dry Cleaning Company. John Sitter and Kate Ravin have lived there since July 2004. APPLICATION ITEMS: The owners propose to remove deteriorating, existing enclosed back porch constructed in the late 1940s or early 1950s out of eight storm doors, siding and topped with a shed roof. The new construction will be in the exact footprint of the existing enclosure but constructed using a frame construction to allow for year around use. The existing floor, upper framing and roof would be retained but the series of screen doors will be replaced with lapboard siding from the ground to about three feet and new vinyl windows would replace the upper portion. Standards for East Wayne Street: II Existing Construction, D. Entrances, Porches and Steps: Required: Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. III New Construction B. Building Materials: Required: Exterior materials used on a new structure shall be compatible in scale, texture and color with adjacent structures. Materials used on an addition to an existing structure shall relate to the existing or original materials of that structure. As much of the original structure as possible shall be retained so that the addition could be removed with damage to the basic structure and appearance of the building. RECOMMENDATION: Staff recommends approval of the new enclosed back porch to replace this make- shift construction, which is not original to the house. It will enhance the appearance of the house from the rear and it will be in keeping with the scale of the house as well as with the materials used through out this neighborhood. 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 Building South Bend, Indiana 46601 Phone: 574-235.9798 • Fax: 574-2359578 • Email: SBSJCHPC®co.st-joseph.in.us Website: http://www.stjosephcountyindiana.com/sjchp/index.htn-d OFFICE USE ONLY »»» DO NOT COMPLETE ANY ENTRIES CONTAINED IN THIS BOX '»»> OFFICE USE ONLY Date Received / Z/2-/zo e-5' Application Number of a 0, /e?o-Z Past Reviews: ❑ YES (Dateaf LO R,: i,,,) ❑ NO Staff Approval authorized by: Title: Historic Commission Review Date: ❑ Local Landmark] Local Historic District (Name) ' " `' " ❑ National Landmark ❑ National Register District (Name) Certificate of Appropriateness: ❑ Denied ❑ Tabled ❑ Sent To Committee ❑ Approved and Issued DAT[ Address of Property for proposed work: I 1 I Z W "` l V'_C C. - . _ L1 ' Street Number and Street Name T Name of Property Owner(s): (Plen;c Print) OIA ti S 111 , Kc, k. TWJI!" II" Address of Property Owner(s): 11 12 E . W L -c` v -L S� . Contractor(s)Name: AvNie 30tiscit, Contract Company Name: SelliSo" Cot.OVIAr_h-Oti Contractor Address: (00ci <7_ Cct vvt nil . 'n v-?. City: s6l. ti' ko,�j i4O (a 4 Phone: C314- 2q 1 1 13rh Current Use of Building: 'S 1k a I e - T=a V-61 1 I — 1(SingleFandy-Mi ti -Family - Commercial - Government - Industrial - Vacant - etc.) Type of Building Construction: _ U,_ vk e _ (Wood Frame - Brick - Shme - Steel - Concrete - Other) Proposed Work: ❑ In-kind ❑ Landscape ❑ New replacement (not in-kind) []Demolition (more Nmv one bo.r mmj be lurked) r 0 U Description of Proposed Work: TO K vv VL -C L4t51-t'r- SCit-CPin - d m./ �2t 1 �l tn7rn In 3 u);b-, oe o c�tAskyuch�-�n..ke A- r)✓1�!/1na.Q alA< (�.; 2— a..� pOLGn �ii�c-. 11.t<',iWt'- i"Fynw WZ.lk an.� rJ K-kfrJ Owner/Contractor: Fax: — e-mail MQiV%Si&vg. SbGGhlaS(•Ne,�" (OTZ office mill comsyond ;oith only one designee) and/or nI� — APPLICATION REQUIRE)WENTS ARE LISTED ON REVERSE SIDE — 7 CeYS c Set tdlt-:-Z f 670.0 dtrL f IrMAWAAWMMS lsiisI.h.,bALid. Mi :i c iiiiIii. r'''te, .'$'•'{�R'y. Michiana Chapter �~ Studebaker f p Drivers Club November 10, 2005 Lynn A. Patrick, President v Historic Preservation Commission of South Bend & St. Joseph County 227 West Jefferson Blvd. TI South Bend, IN 46601-1830 Dear Ms. Patrick, Re: Studebaker Plant Security Building No. 30, 637 Lafayette St, South Bend, IN As Secretary, I have been directed by The Michiana Chapter of the Studebaker Drivers Club to update you with our decision regarding the stabilization and restoration of the Studebaker Plant Security Building as a club project. While considering this project, numerous members had the opportunity to tour and assess the structure. We were also provided with detailed information from your advisor, Bob Yapp, as to the extent of repairs required and their estimated costs. Though many were intrigued with the possibilities, following lengthy discussion, as of our November 6, 2005 Membership meeting, we as a club have decided not to pursue the project, due to both the financial and labor commitments such an endeavor would incur. It is still our sincere hope that the city, some other person and/or group will be able to save this historic structure. There are precious few remaining tangible links to this part of Studebaker history. Should you need any further information, please feel free to contact me at your convenience. Respec ull�, Michael Lepa Chapter Secretary Cc: John Oxian, Chapter President Chapter File MICHAEL "MICKEY" LEPAY, CHAPTER SECRETARY i 1 934 BEVERLY PLACE, SOUTH BEND, INDIANA 466 1 6-20 1 O �' TELE: 547.233.91 63, E-MAIL: MLEPAYC@SBCGLOBAL.NET to 11MI HISTORIC FOUNDATION OF All I INDIANA November 1, 2005 Catherine Hostetler NorthernRegional Office 402 West Washington Street South Bend, IN 46601 574 232 4534 Fax: 574 232 5549 north@historiciandmarks.org www.h istoriclandmarks.org Historic Preservation Commission of South Bend & St. Joseph County 227 W. Jefferson Blvd. South Bend, Indiana 46601 On September 28, 2005 I inspected the Studebaker Carpentry Shop Building at 637 S. Lafayette Street in South Bend with HPC staff and Commissioners. My findings are as follows: 1) Over all the exterior structure is in average to poor condition. 2) The masonry is in deteriorating condition. The North end, exterior brick wall has severe brick failure and the rest of the building need complete re -pointing. 3) The roof structure is beginning to fail. There are at least 4 structurally collapsed roof areas and all roofing material is failing. It is my opinion that to stabilize the building would take between $175,000 and $200,000. That would make it ready for someone to come in and complete the rehab for another $100,00 to $200,000 depending on the end use. While I feel the structure has great architectural appeal, the rehab dollars as compared with the usable square footage make this project not financially viable unless huge grants could be acquired. Sincerely, Bob Yapp Community Preservation Specialist STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 12/07/05 Application Number: 2005-1207 A & B Property Location: 508 & 508 %: Lindsey Property Owner: Near Northwest Neighborhood Landmark or District Designation: Chapin Park Rating: Non-contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT Bunker -Young House, built between 1902 and 1903. Bunker was the Chief of Police for several years. APPLICATION ITEMS: Part A: Demolition of rear two-story addition and fire escape Part B: Replacement of replacement windows with Kolbe & Kolbe one -over -one double hung wood windows; porch rehabilitation: removal of concrete porch floor and metal supports and railing and replacement with wood tongue and groove flooring, bead board ceiling, columns and spindles; removal of aluminum siding and painting per HLFI's painting specifications; Removal of second front door (original front door is still present); In-kind roof, gutter, and sidewalk replacement. GUIDELINES Buildin¢ Materials: Whenever possible, the original building materials should be restored. Windows. Reouired: When deteriorated beyond repair, [windows] shall be replaced with units and trim resembling the original. Windows. Recommended: If new sashes or doors are installed, the existing or original materials, design, and hardware should be used. Entrances. Porches. and Stens. Reouired: When deteriorated beyond repair, existing or original porches, stoops, patios and steps, including handrails, balusters, columns, brackets, tiles and roof decorations, shall be retained or replaced by replicas of the same design or by a design more in keeping with the historic period of the structure. Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. RECOMMENDATION Part A In its current configuration, the addition dates to 1943. The removal of this addition would restore the original massing of the American Foursquare. Two original windows would be retained and reused after reconstruction. Staff recommends approval. Part B All sections of part B are appropriate rehabilitation measures for this non-contributing house. Proposed changes fall with the Chapin Park Guidelines and Standards. Applicant will have examples of porches from American Foursquares at the meeting. Staff recommends overall approval of the project with the porch and rear elevation details to be worked out between the applicant and Standards and Maintenance Committee and/or Staff. 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 Building, South Bend, Indiana 46601 Phone: 574-235-9798 • Fax: 574-235-9578 • Email: SBSJCHPC@co.st josephin.us Website: http://wwwstosephcounq-indiana.com/schp/index.hbrd OFFICE USE ONLY »»» DO NOT COMPLETE ANY ENTRIES CONTWNED IN THIS BOX »»» OFFICE USE ONLY Date Received t'-/ 0 7 1 0ti Application Number -a O c'! . z` I A Past Reviews: ❑ YES (Date of Last Review) Staff Approval authorized by: Historic Commission Review Date: ❑ Local Landmark 0 Local Historic District (Name) ❑ National Landmark ❑ National Register District (Name) 0 NO Title: Certificate of Appropriateness: ❑ Denied ❑ Tabled ❑ Sent To Committee [] Approved and Issued DATE Address of Property for proposed work: .J508 U M-sey Street Number and Street Name Name of Property Owner(s): (Please Print) Near Nor+(,wes+ bjQ;�Wprinorxi . Inc. Address of Property Owner(s): 100-+ Porn t�e_ Avenue_ Contractor(s) Name: To Be. De.+ermik rd Contract Company Name: Contractor Address: City: Phone: Current Use ofBuildina• M_u_l_+i-fnw„ity Re51d,•n}ici1 (Single Family - Multi -Family -Commercial -Government-Indnstrial -Vacant -etc.) Type of Building Construction* W00d4aw11a (Wood Frame - Brick - Stone - Steel - Concrete - Other) Proposed Work: ❑ In-kind E] Landscape [] New ❑ Replacement (not in-kind) [Demolition (more than one box may be checked) Description of Proposed Work: Please Sea SutlPmrvrFal lri+e o; tv}evtt. Owner/Contractor: Fax: (54)232-1145- e-mail nnnc(tre.efor L�I<eonl ne.com (Thos office unll correspond with only one aesiymee) and/or — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — Near Northwest Neighborhood IN C O R P O R A T E D December 7, 2005 Historic Preservation Commission County -City Building South Bend, IN 46601 RE: 508 Lindsey Street, Certificate of Appropriateness Commissioners: The Near Northwest Neighborhood, Inc. respectfully requests approval from the Historic Preservation Commission of South Bend and St. Joseph County to raze the post — construction two-story addition at the residence commonly known as 508-508 '/z Lindsey Street. The revitalization effort will return this "American Four Square" multi -family residential structure to a single-family dwelling. The proposed area of demolition consists of a post -construction footprint measuring 28'- 6" (width) x 12'-0" (depth) off set in an easterly fashion from the original foundation. The two-story rear addition measures approximately 24'-0" peak height at the rear (South) roofline. The removal of the rear addition will provide numerous benefits to the surrounding area including a reduction in mass on a city lot and additional rear and side yard green -space for the occupied residence. The extensive rehabilitation will include complete renovation of both the interior and exterior structure with marketable conveniences for future sale. The renovation addresses all aspects of residential code compliance with special attention to period restoration when practical. The Near Northwest Neighborhood, Inc. will award the contract through standard bid process to a licensed and registered contractor. *IasMerritt) PRfarF ApS,.i m BiSI 46616 Property Development Specialist Near Northwest Neighborhood, Inc. —. Bu% 1132 s„t„I BI NI) Enclosure 1.01 %\A 406_'4 Ti i . 574-21 -918-' F w-4-' 7]-1 171 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 Building, South Bend, Indiana 46601 Phone: 574-235-9798 • Fax: 574-235-9578 • Email: SBSJCHPC@co.st josephinus Website: http://www.sqosephcountyindiana.com/ochp/index.htnl OFFICE USE ONLY>>>>>> DO NOT COAVLETE ANY ENTRIES CONTAINED IN THIS BOX »»» OFFICE USE ONLY Date Received Application Number= `_ 1 Z 01 a Past Reviews: F� YES (Date of Last Seoiew) ❑ NO Staff Approval authorized by: Title: Historic Commission Review Date: ❑ Local Landmark Local Historic District (Name) ❑ National Landmark National Register District (Name) Certificate of Appropriateness: ❑ Denied [] Tabled ❑ Sent To Committee ❑ Approved and Issued DATE Address of Property for proposed work: 508 U rYiSey . • Street Number and Street Name Name of Property Owner(s): (Please Print) Near Nori•t,weS} Nei k6orl7Dcd.=ne. Address of Property Owner(s): 1004 Phy-4-n IP_ Avenue- Contractor(s) Name: TD Be De}errninPll Contract Company Name: Contractor Address: City: Phone: Current Use of Building: Mul-H- Pami ly IZCStdeniial (Single Family - Multi -Family- Commercial - Government - Industrial -Vacant -etc.) Type of Building Construction: WOO&Pr4vne (Wood Frame - Brick - Stone - Steel - Concrete - Other) Proposed Work: Rin -kind 0 Landscape E] New [ Replacement (rot in-kind) E] Demolition (more than one box mini be checked) Description of Proposed Work: _P1eaSe See Su( �lernev}al lA}}Pr oG (v }en;. Owner/Contractor: Fax: X544%232 -II I e-mail nnneitrnefvr t?keonlime.cow, (77ds office will correspond with only one designee) and/or — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — Near Northwes Neighborhood INCORPORATED i December 7, 2005 Historic Preservation Commission County -City Building South Bend, IN 46601 RE: 508 Lindsey Street, Certificate of Appropriateness Commissioners: The Near Northwest Neighborhood, Inc. respectfully requests approval from the Historic Preservation Commission of South Bend and St. Joseph County to rehabilitate the residential structure commonly known as 508-508 % Lindsey Street as outlined in the attached project plan. The revitalization effort will return this "American Four Square" multi -family residential structure to a single-family dwelling. In a separate application, the Near Northwest Neighborhood, Inc. seeks permission to raze the two-story rear addition. The removal of the rear addition will provide numerous benefits to the surrounding area including a reduction in mass on a city lot and additional rear and side yard green -space for the occupied residence. The extensive rehabilitation will include complete renovation of both the interior and exterior structure with marketable conveniences for future sale. The renovation addresses all aspects of residential code compliance with special attention to period restoration when practical. The Near Northwest Neighborhood, Inc. will award the contract through standard bid process to a licensed and registered contractor. '4ikeliy,It07 Merritt P"Rlml- A� 1. Property Development Specialist S„1 Ti t BF..�i, 1,,,,,,, Near Northwest Neighborhood, Inc. 46616 . . B,,\ I 1 Soi rn BE) Enclosure 461,'_4 Ti i. 574-'11-01 N' t t\ 5- l-','- I I- I The Near Northwest Neighborhood, Inc. (NNN) as part of a comprehensive strategy to revitalize Lindsey Street has purchased a property at 508 Lindsey that has most recently been utilized as a duplex. The NNN plans to rehabilitate property back to a single family home, at which time it will be sold to an income eligible applicant. The goal of this project is stabilize this structure, while promoting homeownership in the neighborhood. To accomplish this goal the NNN is requesting permission to do the following: The existing windows have been previously replaced. The NNN would like to remove these windows and replace them with a Kolbe and Kolbe wood replacement window. All existing roofing material will be removed and a new 30yr architectural grade shingle will be applied. The rear addition to this home (see attached site plan) will be removed from the structure to return property back to its original floor plan. This will also provide green space for the new homeowners. The existing cement front porch with metal railing will be removed. The porch will be replaced in wood, with new tongue and grove flooring, bead board ceiling, columns and spindles similar to existing neighborhood housing stock. The existing replacement aluminum siding will be removed and any necessary wood clapboard will be restored. The house will then be painted according to Northern Indiana Historic Landmarks Foundations recommendation for an extended life paint job. The existing cracked sidewalk will be removed and replaced with a new concrete sidewalk. The existing gutters would be removed and new gutter system would be installed to match the renovations. Upon receipt of the C of A the contractor selection process will begin. The rehabilitation would be anticipated to be completed by July 2006 and the property placed on the market for sale as an owner occupied single family home. I 508 Lindsey Street Addition to the Original Structure Proposed to be Removed Lindsey 37.5' Legend Addition to be removed Parcels L YJa,'_ dL4ffil d' Street 0 5 10 Za 20 30 o a0._3t IYy �9n�s p�c/9�,i. �r;�j'��'`'+`j� � °��,, r `r Jq'Aj ,�� ,�{� �si1�'�� vei V�iv— / J�i� �, aWl1; � _.e { ` he �� A �.� a Li c ILI rF7, 4- A Soo' :.7 226 E. Navarre: Top photo 614 Cushing: Bottom photo THE MINUTES OF NOVEMBER 21, 2005 WERE NOT COMPLETED IN TIME FOR THIS MAILING. WE ARE HOPING THAT THEY WILL BE AVAILABLE AT THE EXECUTIVE SESSION ON WEDNESDAY, DECEMBER 149 2005 AT 5:00 AT THE OFFICE OF THE HISTORIC PRESERVATION COMMISSION. THANK YOU FOR YOUR PATIENCE. _ SPECIAL MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY HELD IN EXECUTIVE SESSION December 14, 2005 125 South Lafayette Blvd, South Bend HPC Offices, V Floor Members Present: Lynn Patrick [President], Martha Choitz [Vice -President], Diane Wrobel-Illes, Joann Sporleder [Architectural Historian], Todd Zeiger, Tim Klusczinski, Catherine Hostetler Members Absent: Mary Jane Chase [Secretary], Jerry Ujdak Staff Present: Catherine Hostetler [Director], Julie Schutte [Assistant Director], Wayne Doolittle [Inspector], Shawn Peterson [Legal Counsel] I. CALL TO ORDER: Lynn Patrick called the meeting to order at 5:25 pm. This was a special meeting of the Commission held in executive session pursuant to Indiana Code 5-14-1.5- 6.1(b)(2)(B). Only matters pertaining to the threat of litigation regarding 840 Park Avenue, Certificate of Appropriateness 2005-1104A and strategies thereof could be and were discussed at this closed -door meeting. H. REPORT FROM LEGAL COUNSEL: Shawn gave the Commission a summary of the purpose of this meeting - the homeowners of 840 Park had retained an attorney, Robert Rodes, in order to appeal the Commission's denial of C of A 2005-1104A - and an update on his recent correspondence with Rodes. He had negotiated a waiver of the 15 -day requirement of written notice of the denial upon a Commissioner's promise to move to reconsider the CoA at the December meeting. Shawn briefed the Commission on the proceedings of an appeal and the various arguments that could be used by Rodes during the hearing of the appeal. III. DISCUSSION OF LITIGATION STRATEGY: After much discussion, it was proposed that a motion may be made "to allow the inappropriate alteration to remain" and that Shawn should speak with Rodes to determine if this would be acceptable to his clients. Several other suggestions were also made. The Board will take final action on denying C of A 2005- 1104A at their regular December 19 meeting. No other items were discussed. IV. ADJOURNMENT: Lynn Patrick adjourned the meeting at 7:20 pm. Location Budget as of 11-30-2005 Note: Includes transactions after the last posted date of 06-30-2005. Fund 001 County General for 01-01-2005 thru 11-30-2005 Loc 037 Historic Preservation Account Object Description 11075 Deputy Director, 000 General GovT. 11309 Historic Preservation Admin. 000 General GovT. 10000 Totals ...« ..............«................,..,««,.««« 21030 Office Supplies 000 General GovT. 22010 Gas Oil & Lubricants 000 General GovT. 22120 Garage & Motor Supplies 000 General GovT. 20000 Totals """"" "' "•"" 31070 Other Contractual Services 000 General GovT. 32020 Travel 000 General GovT. 32050 Instruction & Training 000 General GovT. 32053 Public Relations 000 General GovT. 32200 Telephone 000 General GovT. 32350 Postage 000 General GovT. 33010 Publication Of Legal Notices 000 General GovT. Saint Joseph County User ID ksobecki 12/01/2005 1:21 PM Page 81 Unencumbered Unexpended Appropriation Encumbrance Expenditure Balance/Percent Balance/Percent 30,000.00 0.00 25,846.14 4,153.86 4,153.86 13.85 13.85 36,050.00 0.00 31,197.17 4,852.83 4,852.83 13.46 13.46 66,050.00 0.00 57,043.31 9,006.69 9,006.69 13.64 13.64 5,512.09 0.00 2,270.06 3,242.03 3,242.03 58.82 58.82 1,000.00 0.00 261.66 738.34 738.34 73.83 73.83 700.00 0.00 339.61 360.39 360.39 51.48 51.48 7,212.09 0.00 2,871.33 4,340.76 4,340.76 60.19 60.19 52,360.00 0.00 41,753.23 10,606.77 10,606.77 20.26 20.26 1,000.00 0.00 450.18 549.82 549.82 54.98 54.98 2,000.00 0.00 400.00 1,600.00 1,600.00 80.00 80.00 4,971.00 0.00 2,651.18 2,319.82 2,319.82 46.67 46.67 1,160.00 0.00 249.00 911.00 911.00 78.53 78.53 2,160.00 0.00 1,573.25 586.75 586.75 27.16 27.16 500.00 0.00 148.15 351.85 351.85 70.37 70.37 User ID ksobecki 12/01/2005 1:21 PM Page 81 Location Budget as of 11-30-2005 Saint Joseph County Note: Includes transactions after the last posted date of 06-30-2005. Fund 001 County General for 01-01-2005 thru 11-30-2005 Loc 037 Historic Preservation Account Unencumbered Unexpended Object Description Appropriation Encumbrance Expenditure Balance/Percent Balance/Percent 33100 Printing 15,216.00 0.00 13,100.10 2,115.90 2,115.90 000 General GovT. 13.91 13.91 37100 Auto Lease 500.00 0.00 117.09 382.91 382.91 000 General GovT. 76.58 76.58 39010 Dues & Subscription 1,250.00 0.00 555.02 694.98 694.98 000 General GovT. 55.60 55.60 39600 Refunds, Awards & Indemnities 0.00 0.00 27,339.00 (27,339.00) (27,339.00) 000 General GovT. 0.00 0.00 39750 Data Processing 3,570.00 0.00 41.55 3,528.45 3,528.45 000 General Gov T. 98.84 98.84 39980 Funds W/O Approp. 0.00 0.00 625.00 (625.00) (625.00) 000 General GovT. 0.00 0.00 30000 Totals """"""""""""""""""""'""" 84,687.00 0.00 89,002.75 (4,315.75) (4,315.75) (5.10) (5.10) 44250 Office Machines 800.00 0.00 473.50 326.50 326.50 000 General GovT. 40.81 40.81 45510 Furniture & Fixtures 0.00 0.00 3,042.00 (3,042.00) (3,042.00) 000 General GovT. 0.00 0.00 40000 Totals'"'"""""""""""'"""'"''wwrwwwwwwwwrwrww 800.00 0.00 3,515.50 (2,715.50) (2,715.50) (339.44) (339.44) Location Totals """""""""""""'"""'""'"""'""""' 158,749.09 0.00 152,432.89 6,316.20 6,316.20 3.98 3.98 Investment Accounts 0.00 Transfer Accounts 0.00 152,432.89 User ID ksobecki 12/01/2005 1:21 PM Page 82 Director's Report October 17 -December 15, 2005 October 18 Arranged for Lou Sabo to document the Studebaker Buildings to be demolished. Attended the Area Plan Commission meeting concerning the Catholic Worker Houses on W. Washington Street and delivered Commission's position statement. October 20-22 Attended the Cornelius O'Brien -Main Street Conference in Lafayette, Indiana. October 24 Staff met with Linda Riley and the Sign Department concerning the new design for East Wayne Street LHD District signs. HPC will pay for 2 of the 4 new signs. October 26 Meeting with Todd- Zeiger and Joann Sporleder concerning the Navarre Cabin. October 27 Meeting on Navarre Cabin with Cheryl Taylor, Director for Northern Indiana Center for History November 1 Attended Granger Paths meeting at the Harris Library. HPC will write a letter of support for their MACOG grant. November 2 Morris Center for the Performing Arts Marquee Dedication after the meeting with Memorial Hospital at the NNN. Issues addressed by Memorial Hospital were the expansion of the Surgical wing toward the Bartlett Garage, the location of a free standing Children's Hospital on top of the new surgical wing (Memorial is the Indiana's 3 largest Children's Hosp.); the sewer work on Lafayette in the Spring 2006, most trees on Lafayette will be lost; Summer 2006 work on the substrate of the new Bartlett Street will be done at the same time as the Leeper/Michigan Bridge; the noise issue from the cooling towers is being remedied with new fans and motors. November 3 Meeting with Auditor Michael Eby concerning the funding of the 4 Grants HPC is administering. Attended GloryJune's lecture and book signing at the Old Republic in New Carlisle with Lynn Patrick and MaryJane Chase. November 9 Introductory meeting with Chuck Leone and Shawn Peterson; Landmark's Committee meeting concerning Bergen Building and Gate House at Riverview Cemetery. November 14 Meeting with Todd Zeiger and David Bainbridge concerning the Navarre Cabin. Delivered the Commission's position at the Common Council Meeting concerning Catholic Workers Housing on West Washington. Represented the HPC at David Bainbridge's recognition reception for 25 years at the Northern Indiana Center for History. November 15 Area Plan Commission Meeting concerning the rezoning across from the landmark at 14297 State Road 23 owned by Theron and Carla Roberts. Presented the Commission's position supporting the Roberts' opposition. November 17 County Council Committee meeting concerning appropriation of the City Grant to fund our line item for the office furniture. November 21 Meeting with Todd Zeiger, David Bainbridge and Jonathan Cook concerning the bid language and grant structure for the Navarre Cabin. December 2 Represented the HPC at the Dedication and Opening of the Dr. Martin Luther King, Jr. Drive December 6 Attended the County Commissioner's meeting for the renewal of the Inspector's Contract, spoke at the County Council meeting for the HPC's budget and appropriation items and at public hearing on rezoning across from landmark at 14297 State Road 23. The Council ruled in favor of the Roberts' 9-0 not to rezone. December 7 Meeting with Amy Williams concerning the Olde House Faire that we are co -sponsoring in the spring with HFLI. December 13 County Commission Meeting concerning HPC Budget in line transfers. December 14 Executive Session of Historic Preservation Commission. Assistant Director's Report October — December 2005 October 20 — 22 Attended the Cornelius O'Brien Preservation — Main Street Indiana - Conference in Lafayette, Indiana. October 24 Meeting with South Bend Sign Shop & East Wayne Street Neighborhood representatives about new design for their historic district signage. October 26 Meeting regarding the Navarre Cabin grant with Todd, David Bainbridge, Cheryl Taylor, Catherine, and Joann October 27 Walk-through of Navarre Cabin with Judy Collins, National Parks Service, and Todd; follow-up from the meeting on the 26th November 2 The Morris Marquee unveiling November 9 Landmarks Committee Meeting on the Bergen Building and the Riverview Cemetery Gatehouse November 15 Walk-through of Gatehouse with Cemetery Reps., Bob, Todd, Wayne, John, and Lynn November 18 Walk-through of Bergen Building with Paul Schmidt, Bob, Lynn, and Wayne December 14 Special Meeting of the Commission in Executive Session The Lincolnway and Taylor's Field guidebooks have been reviewed by the Historic Districts committee and staff. They have been sent to the printer to make the appropriate copy edits. - Bev Peterson completed her research work for Chapin Park on November 181' and submitted her notebooks the following week. I have drafting the Chapin Park Building Inventory from Bev's research notes for and was able to send these files to the printer on December 8"'. The books now depend on the printer's schedule. We do expect to see a proof before they are actually printed. The guidelines and standards will be placed on the website in the meantime. SUBSTITUTE RESOLUTION NO. 05-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AMENDING THE COMMISSION'S BY-LAWS WHEREAS, the By -Laws of the Historic Preservation Commission of South Bend and St. Joseph County were last amended in 1995; and WHEREAS, Article 10 of the By -Laws provides the appropriate procedure for amending by-laws which requires that approval must be made by a majority of Commissioners at a meeting where all members are present unless Notice of the substance of the proposed amendment is sent to each Commission member at least 10 days before the meeting, and that the proposed by-law amendment be introduced at one meeting and acted upon at the next regular meeting; and .WHEREAS, it is desirable and necessary to amend the By -Laws to create an Advisory Board and to permit non -Commission members to serve on Standing Committees. NOW, THEREFORE, BE IT RESOLVED by the Historic Preservation Commission of South Bend and St. Joseph County that its By -Laws be amended as follows: Section I. Article 7 of the By -Laws shall be amended to read as follows: ARTICLE 7 COMMITTEES AND ADVISORY BOARD Section 1. Standing Committees. The standing Committees of the Commission shall be Budget and Finance, Standards and Maintenance, Historic Landmarks, Historic Districts, Public Relations and Community Education Committee, and Legal Committee_ Each Committee shall be chaired by a member of the Commission who shall be appointed by the President -A+dah :hall be named by the Genunissie . at the first meeting in the calendar year and said Committees Chairs and Committee -members shall serve for the calendar year or until their successors are appointed or the Commission by resolution shall determine otherwise . Membership on the South Bend and St. Joseph Countv Historic Preservation Commission is not a prerequisite for membership on standing committees. Standing Committee members may be selected from interested and knowledgeable citizens of South Bend and St. Joseph Countv, and Committee members shall renort to the Commission President. The maiority of every standing Committee shall be constituted of Commission members. All members of the Committee shall be appointed, by the President. Section 2. Special Committees. Special Committees may be appointed by resolution of the Commission, , to serve at the pleasure of the Commission. The President may appoint special Committees between Commission meetings to act upon urgent matters and report at the next meeting of the Commission. Such Special Committees appointed by the President may continue if authorized by resolution of the Commission us eensent. Membership on the South Bend and St. Joseph Countv Historic Preservation Commission is not a prereauisite for membership on Special Committees. Special Committee members may be selected from interested and knowledgeable citizens of South Bend and St. Joseph County, and Committee members shall report to the Commission President. The maioritv of every Special Committee shall be constituted of Commission members. No opinion or recommendation of a Special Committee shall be binding on the Commission in anv way. Section 3. Advisory Board. To assist the Commission and its staff in fulfilling the Commission's mission and effectiveness in the community, an Advisory Board may be established. This Advisory Board shall be comprised of persons who are interested in or knowledgeable of the history of the Citv of South Bend and St. Joseph County and/or interested in or knowledgeable of design, architecture, real estate, cultural value and historic preservation activities. Commission staff may serve as members of the Advisory Board. The Advisory Board members shall be appointed by the Commission, and Board members shall serve a term of three years, but may be eligible for reappointment at the end of each term. No opinion or recommendation made by the Advisory Board shall constitute official action of the Commission nor shall it bind the Commission in anv way. The Advisory Board members shall meet as thev deem appropriate or as directed by the Commission, but shall notify the Commission President at least ten days in advance of anv such meeting. Approved at a meeting of the South Bend Historic Preservation Commission on , 2005 with all members present and voting. Lynn Patrick., President Joann Sporleder Mary Jane Chase Gerald Ujdak Martha Choitz Diane Wroble-Illes Catherine D. Hostetler Todd Zeiger Timothy S. Klusczinski Michigan— -- Street/IN - ' --'- '' ------------------' ' | Julie��~~-'~~~ -—--—-----�r-�.idg~'. ' ' ' From: <J To: <JSCH oo.st-jooepkJn.um> Date: 12/7/059c17PM Subject: MichiganStraaVN Bridge UmSouth Bend Per our telephone conversation today, | am requesting an additional time extensionfrom the Historic Preservation Commission ofSouth Bend and Saint Joseph County onthe Certificate ofAppropriateness that INDOT obtained h i U in July 2003 and was granted a two yearawbsnsion until May 17, 2006 for the proposed work to the Michigan Street (SR 933) bridge over the Saint Joseph River. The extensive delays from then until now were the result of having to identify, contact, and verify involvement and ownership of numerous utility lines and conduits in or very near the bridge. (Bridges that are this old in urban locations tend to have many 11surprises"; utility lines that no one knows what they are, if they are active, and who /sthe owner./ Last month, xvDO/ was finally able "^get the conflicts resolved and now has the project ontheJanuary18.2O06 letting. Since the work will not becompleted bythe time the two year extension expires, | request anadditional extension ofthe Certificate of Appropriateness. The project ioschadu|odtobeoonnp|ateinNovennbmr2OO6' There have been nmchanges b»the plans and specifications that were presented at the public hearing July 8,2003and addendum submitted July 21. 2003. ' Thank you inadvance for your assistance,,Please contact meifyou have any Jinn Rai|nman. P.E. |NDOTBddQe Rehabilitation Engineer (317) 232-5157 John Oxian, President HISTORIC PRESERVATION COMMISSION OF SOUTH BEND ST. JOSEPH COUNTY Phone (219) 235-9798 FAX: (219) 235-9578 e-mail: historic@michiana.org Karen R. Hammond -Nash, Director CERTIFICATE OF y APPROPRIATENESS The Historic Preservation Commission of South Bend & St. Joseph County has reviewed the proposed work: 1. REPAIR SPANDREL WALLS, FOOTINGS, PIERS, & RAILINGS, 2. BUILD COFFER DAMS AROUND PIERS, 3. REPLACE ROAD AND SIDEWALK SURFACE, 4. INSTALL WIRING FOR LIGHTS ON 8 PIERS, & PARTIAL OR COMPLETE REPRODUCTION LIGHTS ON 4 PIERS, 5. INSTALL RIP RAP AT NORTH BANK, 6. INSTALL NATIVE GRASSES & PROTECTIVE PLANTS AT SOUTH BANK, 7. ALL TO BE PERFORMED PURSUANT TO PLANS AND SPECIFICATIONS PRESENTED AT THE PUBLIC HEARING JULY 8, & ADDENDUM SUBMIT- TED JULY 21, 2003. [2 -YEAR EXTENSION GRANTED UNTIL 05-17-06.] for the following location: Leeper Park Bridge; Michigan St. over St. Joseph River Application No. 2004-0415 (extension of 2003-0708) in the County of St. Joseph; State of Indiana; which is: F-1 Located in a Local Historic District RIA Local Historic Landmark and found this application to be appropriate according to the Standards pertaining to Local Historic Landmarks and/or Local Historic Districts. Regulations pertaining to the Historic Preservation Commission are found in Chapter 21 (Zoning), South Bend Municipal Code & Chapter 26 of the St. Joseph County Code. The issuance of this permit does NOT in any manner, release the recipient from the responsibility of complying with the requirements of the zoning ordinances, building codes, safety codes, ADA or other requirements of the City of South Bend, the County of St. Joseph, the State of Indiana, or the United States Federal Government. This permit is good for one year from the date of issuance and is effective from the date entered herein. Plans are on file and open for public inspection at the office of the Historic Preservation Commission of South Bend & St. Joseph County, 125 S. Lafayette Blvd. (mailing address: 227 West Jefferson Blvd.), South Bend, Indiana,during normal business hours. THIS PERMIT IS NOT TRANSFERABLE ` NAME OF APPLICANT: DATE PERMIT TAKES FORCE: PERMIT ISSUED BY: Julie L. Schutte, Assistant Director Indiana Department of Transportation May 17, 2004 POST IN A CONSPICUOUS PLACE ON THE STREET SIDE OF THE PROJECT UNTIL COMPLETION OF ALL WORK. 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: SBSJCBPC@co-st-joseph.in.us Lynn A. Patrick, President A Certified Local Government Catherine D. Hostetler, Director 2006 HISTORIC PRESERVATION COMMISSION MEETINGS JANUARY 23 FEBRUARY 27 MARCH 20 APRIL 17 MAY 15 JUNE 19 JULY 17 AUGUST 21 SEPTEMBER 18 OCTOBER 16 NOVEMBER 20 DECEMBER 18 ALL MEETINGS ARE AT 7:30 PM IN THE COUNCIL CHAMBERS ON THE FOURTH FLOOR OF THE COUNTY CITY BUILDING COMMISSIONERS Mary Jane Chase (Secretary) Gerald Ujdak Martha Choitz (Vice President) Timothy S. Klusczinski Diane Wrobel-Illes Catherine Hostetler Joann Sporleder (Architectural Historian) Todd Zeiger SUBSTITUTE RESOLUTION NO. 05-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AMENDING THE COMMISSION'S BY-LAWS WHEREAS, the By -Laws of the Historic Preservation Commission of South Bend and St. Joseph County were last amended in 1995; and WHEREAS, Article 10 of the By -Laws provides the appropriate procedure for amending by-laws which requires that approval must be made by a majority of Commissioners at a meeting where all members are present unless Notice of the substance of the proposed amendment is sent to each Commission member at least 10 days before the meeting, and that the proposed by-law amendment be introduced at one meeting and acted upon at the next regular meeting; and WHEREAS, it is desirable and necessary to amend the By -Laws to create an Advisory Board and to permit non -Commission members to serve on Standing Committees. NOW, THEREFORE, BE IT RESOLVED by the Historic Preservation Commission of South Bend and St. Joseph County that its By -Laws be amended as follows: Section I. Article 7 of the By -Laws shall be amended to read as follows: ARTICLE 7 COMMITTEES AND ADVISORY BOARD Section 1. Standing Committees. The standing Committees of the Commission shall be Budget and Finance, Standards and Maintenance, Historic Landmarks, Historic Districts, Public Relations and Community Education Committee, and Legal Committee. Each Committee shall be chaired by a member of the Commission who shall be appointed by the President whish -shall be named by the Genunissie at the first meeting in the calendar year and said Committees Chairs and Committee members shall serve for the calendar year or until their successors are appointed or the Commission by resolution shall determine otherwise . Membership' on the South Bend and St. Joseph Countv Historic Preservation Commission is nota prerequisite for membership on standing committees. Standing Committee members may be selected from, interested and knowledgeable citizens of South Bend and St. Joseph Countv, and Committee members shall report to the Commission President. The maiority of every standing Committee shall be constituted of Commission members. All members of the Committee shall be appointed, by the President. Section 2. Special Committees. Special Committees may be appointed by resolution of the Commission, , to serve at the pleasure of the Commission. The President may appoint special Committees between Commission meetings to act upon urgent matters and report at the next meeting of the Commission. Such Special Committees appointed �. �� by the President may continue if authorized by resolution of the Commission er-433• unan macs eensent. Membershin on the South Bend and St. Joseph Countv Historic Preservation Commission is not a prerequisite for membership on Special Committees. Special Committee members may be selected from interested and knowledgeable citizens of South Bend and St. Joseph Countv, and Committee members shall report to the Commission President. The maiority of every Special Committee shall be constituted of Commission members. No opinion or recommendation of a Special Committee shall be bindiniz on the Commission in anv way. Section 3. Advisory Board. To assist the Commission and its staff in fulfilline the Commission's mission and effectiveness in the community, an Advisory Board may be established. This Advisory Board shall be comprised of persons who are interested in or knowledgeable of the history of the Citv of South Bend and St. Joseoh Countv and/or interested in or knowledgeable of design, architecture, real estate, cultural value and historic preservation activities. Commission staff may serve as members of the Advisory Board. The Advisory Board members shall be appointed by the Commission, and Board members shall serve a term of three vears, but may be eligible for reappointment at the end of each term. No opinion or recommendation made by the Advisory Board shall constitute official action of the Commission nor shall it bind the Commission in anv way. The Advisory Board members shall meet as thev deem appropriate or as directed by the Commission, but shall notify the Commission President at least ten days in advance of anv such meeting. Approved at a meeting of the South Bend Historic Preservation Commission on , 2005 with all members present and voting. ;:Sinn Patrick., President Joann Sporleder Mary J!a: Gerald Ujdak Martha hoitz Catherin./.ID.1 Hostetler Timothy S. I Usczin i V RESOLUTION NO. 05"0,2 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY APPROVING CHANGES TO THE STANDARDS AND GUIDELINES FOR THE CHAPIN PARK DISTRICT WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana (the "Common Council") and the County Council of St. Joseph County (collectively, the "Ordinance"); and WHEREAS, the Ordinance authorizes and directs the Commission to establish standards and guidelines for each historic preservation district within its jurisdiction; and WHEREAS, the Commission approved proposed standards and guidelines for the Chapin Park District (the "District") and distributed the same to homeowners in the District via regular mail prior to the District's establishment; and WHEREAS, the Commission recommended to the Common Council that the District be established as an historic preservation district, which recommendation was accepted and approved by the Common Council by Ordinance No. 9574-05 on March 14, 2005; and WHEREAS, the Commission, after extensive public hearings and opportunities for public comment, adopted certain changes to the standards and guidelines on June 15, 2005 (the "Standards and Guidelines"); and WHEREAS, subsequent to the aforementioned adoption; the Commission has received requests to amend the Standards and Guidelines further and the Commission has duly considered such requests; NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: 1. The Commission hereby adopts and approves the Standards and Guidelines, as amended and as presented to Commission at this meeting, and the Secretary of the Commission shall include a copy of said Standards and Guidelines with the minutes of this meeting. 2. The Commission hereby authorizes and directs the staff of the Commission to distribute. a copy of the Standards and Guidelines, as amended, to the various neighborhood associations of the District, which they believe, in their sole discretion, should be aware of the enactment of such amendments. The Commission hereby further authorizes and directs the staff of the Commission to post on the Commission's website a complete copy of the Standards and Guidelines, as amended, and to make two (2) copies of such Standards and Guidelines available for inspection by the public at the office of the Commission. The Commission further directs the C.IWINDOWSITEMPIIIPCResolution Regarding Chapin Park Standards.doc staff to distribute the Chapin Park Local Historic District Standards and Guideline booklets (with ti the Standards and Guidelines, as amended) to the homeowners of the District. The failure of the staff to provide the Standards and Guidelines, as authorized and directed in this paragraph shall in no way affect the validity and effectiveness of the Standards and Guidelines or of the amendments approved herein. 3. This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County held on December 19, 2005 at the Council Chambers on 4th Floor of the County - City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY atrick, President Mary Jane e Martha Choitz Cathernn . ostetler Joann Sporleder Gerald Uj dak NMI Timothy S. Klusczinski C. IWINDOWSITEMPIHPC Resolution Regarding Chapin Park Standards.doc Proposed Amendments to the Chapin Park Guidelines and Standards 1.) Page 16, I. A. The District Environment, Required. Strike "Curving" from "Curving brick streets contribute greatly to the character of the neighborhood". Sentence would read: "Brick streets contribute greatly to the character..." Only one street in the district actually curves; most are straight. 2.) Page 17, I. B. Building Site, Landscaping & Accessories Amend the introductory paragraph to include the following sentence: "Chapin Place presents a unique situation within the district. Applications from properties that have property lines on Chapin Place will be considered on a case-by-case basis." 3.) Page 18, II. A. Building Materials, Recommended. Amend "Whenever possible, the original building material should be restored. When maintaining or replacing original siding is not feasible, aluminum or vinyl siding may be used" to "Whenever possible, the original building material should be restored. When maintaining or replacing original siding is not feasible, aluminum, vinyl, or composite siding may be used." , . MINUTES OF THE REGULAR MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY December 19, 2005 County -City Building, South Bend Council Chambers, 4h Floor Members Present: Lynn Patrick [President], Martha Choitz [Vice -President], Mary Jane Chase [Secretary], Joann Sporleder [Architectural Historian], Todd Zeiger, Timothy Klusczinski, Catherine Hostetler Members Absent: Jerry Ujdak, Diane Wrobel-Illes Staff Present: Catherine Hostetler [Director], Julie Schutte [Assistant Director], Shawn Peterson [Legal Counsel] Also Present: Kate Ravin, John Sitter, Don Sporleder, Karen Ainsley, Douglas Merrit, Robert Rodes, Diana Mattias, Ken Fedder, Abraham Marcus I. CALL TO ORDER, ROLL CALL: Lynn Patrick called the meeting to order at 7:33 pm. Todd Zeiger moved to suspend the agenda to New Business. Mary Jane Chase seconded the motion. All were in favor, and the motion passed. NEW BUSINESS 1. Reconsideration of COA 2005-1104A, 840 Park Avenue Shawn Peterson noted that a formal denial of the certificate of appropriateness with the agreement not to prosecute had been drafted for the Commission's consideration. Todd Zeiger: I motion that we affirm our denial in form presented and agreed, to allow the inappropriate structure pursuant to the form of denial presented. Mary Jane Chase seconded the motion. It passed with six in favor and one abstention; Joann Sporleder. Todd Zeiger moved to return to the agenda. Catherine Hostetler seconded the motion and it passed unanimously. Shawn Peterson asked the Commission members to sign the denial before moving to the next item. Robert Rodes, attorney for the owners, and Diana Mattias were present. The Commission members signed the form at this time. II. PUBLIC HEARING A. CERTIFICATES OF APPROPRIATENESS 1. Any Reconsidered Certificates of Appropriateness (There were none.) 2. 2300 Portage Avenue: 2005-1028 Catherine Hostetler: We received a fax from May, Oberfell & Lorber requesting us to continue the hearing on the gatehouse until Monday, January 23, 2006. If I could have a motion, then, to table this. Martha Choitz: I so move. Todd Zeiger seconded the motion and it passed unanimously. 3. 1112 East Wayne Street: 2005-1202 Catherine Hostetler: The next certificate of appropriateness that we have before us is from 1112 East Wayne Street, Certificate of Appropriateness 2005-1202. Application items: The owners propose to remove deteriorating, existing enclosed back porch constructed in the late 1940s or early 1950s out of eight storm doors, siding and topped with a shed roof. The new construction will be in the exact footprint of the existing enclosure but constructed using a frame construction to allow for year around use. The existing floor, upper framing and roof would be retained but the series of screen doors will be replaced with lapboard siding from the ground to about three feet and new vinyl windows would replace the upper portion. Standards for East Wayne Street: II Existing Construction, D. Entrances, Porches and Steps: Required: Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. III New Construction B. Building Materials: Required: Exterior materials used on a new structure shall be compatible in scale, texture and color with adjacent structures. Materials used on an addition to an existing structure shall relate to the existing or original materials of that structure. As much of the original structure as possible shall be retained so that the addition could be removed with, I mean without, damage to the basic structure and appearance of the building. RECOMMENDATION: Staff recommends approval of the new enclosed back porch to replace this make- shift construction, which is not original to the house. It will enhance the appearance of the house from the rear and it will be in keeping with the scale of the house as well as with the materials used through out this neighborhood. The homeowners, John Sitter and Kate Ravin, were present and expressed that the report well explained their project. Todd Zeiger: I'd like to make a motion that we approve the Certificate of Appropriateness as presented. I'd like to incorporate the staff comments in this motion. I move for approval as this proposed work meets the standards of the district. Tim Klusczinski seconded the motion. Joann Sporleder asked to correct the reading of the standards to say: "as much of the original structure as possible shall be retained so that the addition could be removed without damage to the basic structure and appearance of the building" as the motion included mention of the guidelines. Mary Jane Chase moved to include the correction for the record. Todd seconded. All were in favor. Shawn Peterson asked for a revote on the motion with the amendment for the record. All were again in favor, and the motion passed. 4. 508 Lindsey: 2005-1207 A & B Catherine Hostetler: The next Certificate of Appropriateness is 508 Lindsey, CoA 2005-1207. This is a certificate of appropriateness for Part A: Demolition of rear two-story addition and fire escape Part B: Replacement of replacement windows with Kolbe & Kolbe one -over -one double hung wood windows; porch rehabilitation: removal of concrete porch floor and metal supports and railing and replacement with wood tongue and groove flooring, bead board ceiling, columns and spindles; removal of aluminum siding and painting per HLFI's painting specifications; Removal of second front door (original front door is still present); In-kind roof, gutter, and sidewalk replacement. GUIDELINES: Buildine Materials: Whenever possible, the original building materials should be restored.. Windows, Required: When deteriorated beyond repair, [windows] shall be replaced with units and trim resembling the original. Windows, Recommended: If new sashes or doors are installed, the existing or original materials, design, and hardware should be used. Entrances. Porches, and Stens. Required: When deteriorated beyond repair, existing or original porches, stoops, patios and steps, including handrails, balusters, columns, brackets, tiles and roof decorations, shall be retained or.replaced by replicas of the same design or by a design more in keeping with the historic period of the structure. Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. RECOMMENDATION. Part A: In its current configuration, the addition dates to 1943. The removal of this addition would restore the original massing of the American Foursquare. Two original . windows would be retained and reused after reconstruction. Staff recommends approval. Part B: All sections of part B are appropriate rehabilitation measures for this non-contributing house. Proposed changes fall with the Chapin Park Guidelines and Standards. Applicant will have examples of porches from American Foursquares at the meeting. Staff recommends overall approval of the project with the porch and rear elevation details to be worked out between the applicant and Standards and Maintenance Committee and/or Staff. Doug Merritt and Karen Ainsley, from the Near Northwest Neighborhood Association [NNN], were present at the hearing. Douglas Merritt: I am Douglas Merritt, the NNN's new construction supervisor. I have photos to present. May I approach? It is our intent to restore this American Foursquare to a single-family residence. Todd Zelger: I have a quick question. The materials you have passed out ... are you representing that this would be similar to the porch you are thinking about then? This is a reference. We'll submit this for the record that that this will be the type of porch. That is why this is being passed down. This is the type of porch that will be considered for the restoration. Mary Jane Chase: When you take off an addition like this, what do you do to ground? I'm thinking of a patio, deck, or ground cover. Douglas Merritt: Well right now, we are interested in opening up that area for additional green , space. It will provide approximately a 25' by 41' area. It will decrease the massing of the house on the city lot and it will benefit not only that property, but the adjacent properties as well. Todd Zeiger:. Have you done any investigation of the siding underneath at all, or it is still. I did not have a chance to drive by. Just wondering if you are going to find the belt -course, the flare. Douglas Merritt: Right, we have not been able to start any type of investigative work. Shawn Peterson: As your counsel, I would recommend that if you are going to approve part B, that you would do it and authorize staff to work out the details rather than the committee, and also when you do so that it would fall under the current guidelines to have the staff make approvals within the boundaries of the photos that they presented. In other words, they would not have to come back here unless staff could not work out a solution with them or they would deviate substantially from the picture they presented of what they are going to do. Discussion continued between staff and the Commission members regarding the application of the standards. Tim Klusczinski: Can we make an official motion before they have done any investigative to see what is underneath or beyond, to see what the finished product will be? Todd Zeiger: I think...I would suggest that that could be incorporated into the conversations about the porch with the staff, i.e. the belt course we're talking about... because we don't really ... why we ask ... because we're not really sure what happened when they sided it, if it had a belt course. We probably know what happened to it. It's obviously not there. So there probably will be some question of how that should be handled. If we could incorporate that with our comments of the porch and let staff kind of work through that based on the pictures, because one picture has a foursquare that is very similar to this one, that has a flared belt course on it. I'm just throwing that out for it seems appropriate to handle it that way. I think ... a motion to approve Certificate of Appropriateness 2005-1207, both parts A and B, as recommended by staff as the proposed work does follow the guidelines for the district and remand the questions with regard to the exact design of the porch as well as any details that might be uncovered after the aluminum comes off to the staff to work with the applicant based on the photographs that were submitted tonight for our review. Tim Klusczinski seconded the motion. It passed six in favor and one opposed; Joann Sporleder B. LANDMARK 1. Studebaker Building 30-30A Rescind Interim Protection Catherine Hostetler: The next item on the agenda is the Studebaker building 30-30A to rescind interim protection and I am going to turn over to you some reports and letters from the Studebaker Club and Bob Yapp on the assessment of this building. [Catherine passed out the letter and Bob Yapp's report.] Ken Fedder: How are you? My name is attorney Ken Fedder. I have offices at 53600 North Ironwood Drive. I am here as the attorney for the owner of the building who is with me, Mr. Abraham Marcus. I would only tell you that it is a very old building; that the HPC has been looking at it since 1996 and on July 13 of this year at the request of my client I obtained a demolition permit. The building has been vacant. There is no electricity, no lavatory facilities. The windows are all gone. There is a total state of disrepair. The HPC got an interim protection order on July 22"d, which held up our demolition. During that time, I had approved and received approval from the state to clear the asbestos question, and we are prepared to demolish this building as it is in a terrible state of disrepair. But, we are on hold pending the rescinding of your interim protection order of July 22"d Thank you every much and the owner of the building is here with me. It's been inspected by I believe Mr. Oxian and his Commission; it's been inspected by the Studebaker Commission, and the consensus is that it would cost in excess of $100,000 to even think about restoring the building. Thank you. Lynn Patrick: I have a question about salvage. I went through the building and I did not specifically ask Bob Yapp if any molding around the doors if that was worth salvaging. Do you have any plans? Ken Fedder: I don't think there is anything salvageable in the building. If there was a nameplate I would certainly be willing to donate that to somebody, but it is in such a bad state that we're concerned about the liability of somebody that breaks in there and we don't think there's anything that's salvageable insofaras the historic value of the building. Joann Sporleder: Can you review what the Commission has in fact done with the restraining... what the building... What I want to ask is: Is the building a landmark or is it in an historic district or a multiple resource district? Catherine Hostetler: It is under interim protection. It is not a landmark. It is in the Studebaker corridor, which is nothing. We have absolutely no claim on this building at all. Joann Sporleder: I move that we rescind the interim protection for Studebaker Building 30-30A. Martha Choitz seconded the motion. It passed unanimously. Ken Fedder stated his appreciation and thanks. C. NATIONAL REGISTER NOMINATIONS 1. Owner comments on Walker's Field Shelter House, Northside Boulevard Riverwall, and North Liberty Park Catherine Hostetler: If any representative from South Bend, the County. Council, the County Commissioners, or the President of North Liberty would like to make a statement regarding these nominations they are able to do so. We did not receive anything in the mail supporting or rejecting. Todd Zeiger: So, the record will reflect that there are no comments. IIL REGULAR BUSINESS A. APPROVAL OF MINUTES Catherine Hosteler: There are no minutes from the November 21" meeting. Martha Choitz asked about the status of application 2005-1012, 1111 Riverside, window replacements. .Staff is still setting up an appointment to work with the homeowners and the application was withdrawn. The Commission did have the minutes from the December 14 special meeting to consider. Tim Klusczinski: I will make the motion that we approve these minutes as is. Todd Zeiger seconded the motion, and it passed 5-0 with two abstentions; Mary Jane Chase and Joann Sporleder. Joann Sporleder asked if it was necessary to accept minutes for a special meeting. Shawn Peterson responded that this is a requirement although they can be limited in scope due to the special circumstances of the meeting. B. TREASURER'S REPORT Catherine Hostetler: There is no treasurer's report other than the financial data you have in your packets. A brief discussion ensued between Joann Sporleder and the Director regarding these reports. C. COMMITTEE REPORTS 1. President's report: Lynn Patrick asked for volunteers for the Nominating Committee in addition to herself. Joann Sporleder and Todd Zeiger volunteered to serve on the committee. I . D. STAFF REPORTS 1. C of A Approvals; Correspondence Catherine Hostetler read letters received from Paul Schmidt, Linda Riley, and Derek Dieter thanking the Commission and staff for their assistance in recent matters. These are attached. Todd also mentioned how great Paul Schmidt was. He went above and beyond to help Todd, Tim, and Wayne salvage the interior. They were able to take trim, paneling, and transoms from the Bergen Building. 2. Director's Report (included in the HPC meeting binder) Catherine also passed out a sheet with the Commissioner's appointing bodies and expiration dates, and their contact information and 2006 meeting dates. 3. Assistant Director's Report (included in the HPC meeting binder with correction) 4. Legal: Committee Work Shawn Peterson presented a detailed report to the Commission regarding the requirements for meeting in committee under the Open Door Law and agreed to provide Commission members with a list/cheat sheet of Committee work that would require notice before the January meeting. What cannot be done without public notice is official action, which entails: receiving information, deliberating, which is discussing in the hopes of making a recommendation or making a vote, establishing policy, making recommendations, and taking final action, which may be resolutions, contracts, C of As, or things of that sort. Lynn Patrick: So my understanding is that this does not necessarily need to be published, just the paper needs to be informed? Shawn Peterson: Right, to meet the Open Door Law for a public meeting, you have to give 48 hours notice to the media outlet that gave you a request for meetings, which for this body means the South Bend Tribune. Other matters discussed were: the application of the Open Door Law to the nominating committee, holding regularly scheduled committee meetings, when a committee can deliberate without notice under a fact-finding/research function, and what would be considered a meeting, discussion, or a chat over email. IV. OLD BUSINESS A. Update on District Guidelines and Booklets, Resolution 05-02. Mary Jane Chase: Do we need a resolution number? Catherine Hostetler: This is resolution number 05-02. Mary Jane Chase: I move that we accept Resolution 05-02 on the Historic Preservation Commission of South Bend and St. Joseph County approving changes to standards and guidelines for the Chapin Park district, accepted as presented. Lynn Patrick seconded the motion. Lynn asked for a roll call vote. Mary Jane Chase — Yea; Tim Klusczinski — Abstains; Lynn Patrick — Yea; Martha Choitz — Yea; Todd Zeiger — Yea; Joann Sporleder —Nay; Catherine Hostetler —Yea. The motion passed 5-1-1. Shawn asked that the standards as adopted be attached to the meeting minutes. The resolution was then signed by the Commission members. B. Vote on Amendment to By -Laws: Resolution 05-01 Joann Sporleder: Under Section III, vis-a-vis what our counsel has just been telling us about Open Door things, it would seem to me that the last paragraph would need to instruct the Advisory Board with it must adhere to the Open Door Law as part of what they are required to do. [Quoted section of the amendment.] I think there should be some notice in this that the advisory board should it be created needs to be aware of the Open Door Law and their meetings must also be made public. Lynn Patrick: I'd like to ask our counsel that since the Advisory Board does not make a rule and no opinion or recommendation is binding in any way, do they need to adhere to the Open Door Law? Shawn Peterson: If you delegate official action. The question is: are you doing that? Shawn provided the Commission with a few options for the Advisory Board. It could publicly notice the meetings or they could be research/fact-finding missions with the information then presented to the Commission in a public hearing as testimony that would not have the weight of a recommendation. Other members of the public would also be allowed to testify. Todd Zeiger: We have the option of deciding whether or not it will have the full weight of a recommendation or not. I'm not sure we need to delay this for another month. Martha Choitz: I move that we use substitute resolution 05-01 as our guide in establishing an Advisory Board. Catherine Hostetler seconded the motion and it passed 6-1; Joann Sporleder was opposed. The Commission members then signed the resolution. C. Michigan Street Bridge: additional CoA extension Todd Zeiger moved to provide an extension to the CoA for the Michigan Street Bridge until November 2007. Joann seconded the motion and it passed unanimously. IV. NEW BUSINESS No additional items were heard. V. HEARING OF VISITORS Don Sporleder wished the Commission a very Merry Christmas. VI. ADJOURNMENT: Lynn Patrick adjourned the meeting at 4:05 pm. Attest: 0 Secretary Historic Preservation Commission South Bend & Saint Joseph County ,/- ,I- , � O- t/. Date GUIDELINES & STANDARDS FOR HISTORIC PRESER VA TION & DEVELOPMENT PREFACE The Chapin Park Neighborhood has a long history as a place where communal action and a spirit of care -taking prevail. In the 1970s neighborly action saved our remaining brick streets and historic street lamps. Large numbers of homeowners invested time and energy in the careful restoration of their homes and the preservation of our mature tree canopy. Our history of community spirit and interest in preservation provided the impetus for the designation of Local Historic District Status. The Chapin Park Local Historic District was established by Ordinance No. 9574-05, as enacted by the Common Council of the City of South Bend on March 14, 2005. The Chapin Park Neighborhood Association and the Historic Districts Committee of the Historic Preservation Commission cooperatively developed guidelines and standards adhering to rehabilitation standards (see b2 — Rehabilitation on page 15). These were modeled after the rehabilitation standards of other local historic districts in South Bend. The intent of the Local Historic District Guidelines and Standards is to impress upon property owners their communal responsibility. In order to ensure that our properties remain the examples of their kind and historic moment, and that the neighborhood remains aesthetically intact both on the level of the streetscape and on the level of individual architectural details, we seek to instill in each other the importance of education and consultation regarding any changes to property. We do this knowing that this personal interaction both with civic agencies, and with each other, is one of the things that make our community such a humane, interesting and dynamic place to live. Page 11 of 36 Under the requirements of City of South Bend Zoning Ordinance No. 5565-73, as amended, a Certificate of Appropriateness (C of A) would be required for any activity in the district which requires a building permit or which alters the appearance of a building or site, including houses, garages, and other outbuildings, as seen from the streets around the property. The guidelines and standards are intended to preserve the way the neighborhood looks as of March 14, 2005, to provide guidance about proper rehabilitation techniques, and to encourage, where possible, a return to original historic appearance. Changes made before Local Historic District Status was adopted, as well as paint color, flowers and landscape vegetation, do not require a C of A. Planting or removal of trees in the yard or tree lawn does require a C of A, and input from the city forester is often helpful. There is some flexibility in interpretation, and while decisions of the Historic Preservation Commission are ultimately binding, they are rendered with consideration, sensitivity, and public input. Any exceptions beyond the limits of this text are considered on a case-by-case basis. The Chapin Park Local Historic District Standards Committee carefully examined the standards, layout, words, and meaning of this document. This Preface is unique among all the other books in the series, and recognizes and honors the efforts of all who worked on this committee, and attended these sessions. Please contact the Historic Preservation Commission to further discuss and explore the philosophy, rationale and methods of preservation. The Residents of Chapin Park, Page 12 of 36 General Definitions (A) PRESERVATION Defined in these guidelines as the act or process of applying measures to maintain or restore the form, integrity and materials of a building, structure or site in its existing or original condition. It can include stabilization work, restoration or rehabilitation work, ongoing maintenance and/or prevention of demolition. (B) PRESERVATION GUIDELINES An outline of requirements and recommendations which are used as guides in the determination of appropriateness of proposed work within an Historic District. The Historic Preservation Commission has established three sets of guidelines — Restoration, Rehabilitation and Conservation. Each Local Historic District selects one of these at the time of implementation. This selection is based on the quality and integrity of the architecture and environment of the district, and upon the goals of the neighborhood organization. The Chapin Park Local Historic District Steering Committee selected Rehabilitation: Guidelines in 2001. The preservation guidelines are defined as follows: (bl) Restoration (ENCOURAGED) Maintaining the original or unimpaired character of the district as it was at the time of construction. Any restoration done must return the structure to its original state. Authenticity of a restoration would require the removal of incompatible exterior elements and the replacement of all damaged or deteriorated elements with replicas of the same design and materials. New construction shall conform to the guidelines for defined elements of preservation regarding height, proportion and building materials. A Certificate of Appropriateness (CoA) applicant shall be responsible for documenting the authenticity of the proposed work to the satisfaction of the commission. (b2) Rehabilitation (ADOPTED) Maintaining the existing character of the district, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials, which are incompatible with the defined elements of preservation for the district. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with the existing structures and the district's defined elements of preservation. The use of original materials or construction techniques would be encouraged, but contemporary methods and materials would be acceptable when compatible. (b3) Conservation (NOT ADOPTED) Maintaining a district in its existing condition by placing guidelines on new construction, and limiting demolition and moving. The use of contemporary methods or materials would be acceptable if they are compatible with the defined elements of preservation for the district. Page 13 of 36 (C) ELEMENTS OF PRESERVATION Defined as specific areas of preservation covered within the guidelines. The elements to be defined for each historic district, with the exception of those with Conservation guidelines, are as follows: I. Environment A. The District Environment B. The Building Site and Landscaping II. Existing Structures A. Building Materials B. Roofs and Roofing C. Windows and Doors D. Entrances, Porches and Steps III. New Construction A. Height and Proportion B. Building Materials C. Sheds & Accessory Buildings IV. Safety and Building Codes A. Building Code Requirements B. Access for Handicapped or Disabled Persons V. General (D) GUIDELINE COMPONENTS Statements within the guidelines, which specify the requirements and recommendations for the preservation of the characteristic relationships of the various features which are of significance to the appearance of the Local Historic District. "Shall" is defined as an expression of something that is mandatory or must be done. "Should" is defined as an expression of obligation, something that ought to be done but that is open to compromise. Page 14 of 36 (E) GUIDELINE CATEGORIES Guidelines for the district will address each of the Elements of Preservation individually within four divisions of classification. At the time of implementation of an historic district, the commission will work with the respective neighborhood association to select the desired category of placement for each of the Guideline Components. These categories are as follows: (el) Required Defined as work which shall be done in a restoration or rehabilitation project in order to restore or maintain the original or existing character of the structure or site. (e2) Recommended Defined as work which should be done to help restore or maintain the original or existing character of the structure or site. (e3) Prohibited Defined as work which shall not be permitted in a restoration. or rehabilitation project because it may have a negative impact on the original or existing character of the structure or site. (e4) Not Recommended Defined as work which should not be undertaken in a restoration or rehabilitation project because it may have a negative impact on the original or existing character of the structure or site. The chart below explains the placement of shall and should within the each of the four categories in the guidelines - required, recommended, not recommended, prohibited. REHABILITATION GUIDELINES Required Shall Recommended Should Prohibited Shall not Not Recommended Should not Existing/ Whenever possible, original Miscellaneous Retained/Maintained/ Whenever possible, restored Page 15 of 36 Chapin Park, Local Historic District Guidelines and Standards I. THE ENVIRONMENT A. THE DISTRICT ENVIRONMENT The Chapin Park Local Historic District is a particularly fine residential area located close to downtown South Bend, the St. Joseph River, Memorial Hospital and Leeper Park. This section is meant to protect and guide appropriate maintenance of the common areas of the district (i.e. visual landscape and streetscapes) Required Brick streets contribute greatly to the character of the neighborhood. These streets have always been essentially passenger car thoroughfares. The appointments of the streets (i.e. lighting, curbs, horse hitches and monuments) should contribute as much as possible to their architectural, historic, and residential character. Retention and maintenance of existing brick streets in the district is required. Repair work to fill voids and gaps must utilize brick paver materials and acceptable installation methods whenever applicable. When utility work dictates the removal of street sections (pavers), the original materials will be reinstalled. Brick streets shall be patched with brick pavers. Concrete, asphalt, fillers, and similar materials shall not be used. All original streetlights shall be maintained, especially the George Cutter "Park View" streetlights designed by the Cutter Company for this neighborhood. Present efforts by the Neighborhood Association and the Historic Preservation Commission to restore "Park View" streetlights to the district shall continue. Any change in lighting must receive approval of the Historic Preservation Commission. New or different fencing requires a C of A and shall reflect the style and character of the individual property and the surrounding environment and properties. Recommended The current or historic character of lawns should be preserved. Front yard areas, common lawns, and tree lawns should remain open. New or replacement trees should be compatible in variety with those presently growing. Vacant lots should be kept landscaped appropriately while vacant, and may be used for recreational or residential development. When replacement of utility poles or power supply lines is necessary, consideration should be given to underground conduits or utility poles erected along rear property lines. Prohibited Existing relationships of buildings and their environments shall not be destroyed by widening existing streets, applying asphalt or other bituminous coverings, or by introducing new streets or parking lots. Signs, streetlights, benches, new plant materials, fencing, walkways, and paving materials which are out Page 16 of 36 of scale or inappropriate to the neighborhood may not be used. The erection of high walls or barriers, which would alter the relationship of the houses, shall be prohibited. Utility poles with high intensity overhead lights shall not be used on main thoroughfares. B. BUILDING SITES LANDSCAPING, & ACCESSORIES This section focuses on individual properties and amenities.' Building sites tend to be irregularly shaped, of varying topography, and with different setbacks with regard to plots. Alleys are generally behind houses. Landscape accessories like fences are unique to each structure. Chapin Place presents a unique situation within the district. Applications from properties that have property lines on Chapin Place will be considered on a case-bv-case basis. Required Fencing, walkways, outbuildings, private yard lights, signs (i.e. house numbers) and benches (visible from the street) as well as trees located in a yard or tree lawn which reflect the property's history and development shall be retained. A tree located in such areas shall only be removed if the removal is required due to storm damage, disease, threatened damage to a structure, or for such other reason acceptable to the Historic Preservation Commission. Storm damaged or diseased trees should then be replaced with an approved species at the same or approximate location wherever possible. Fencing visible from the street in front of the structure shall be open (meaning spaces between the pickets), and consistent with the historic character of a structure enclosed. Recommended New site work should be based upon -actual knowledge of the past appearance of the property found in photographs, drawings and newspapers. New site work should also be appropriate to existing surrounding site elements in scale, type and appearance. Trees in close proximity to a building may cause structural damage. Owners are encouraged to remove these trees and replace (or replant) them at a more appropriate location as soon as planting season permits and upon approval of a C of A. Prohibited No changes may be made, to the appearance of the site by removing trees, fencing, walkways, outbuildings or other elements before evaluating their importance to the property's history and development. Front yard areas shall not be transformed into parking lots nor paved nor blacktopped, nor enclosed by solid fences, chain link, nor industrial/commercial style fences. The installation of unsightly large devices, such as television satellite dishes, skylights, or solar panels, shall not be permitted in areas where they detract from the architecture of a building, are intrusive to the public view of the building or are highly visibly from a public street, or ruled inappropriate after Commission review. Utility poles with high-intensity overhead lights should be installed so that they cannot be seen from a street. The Commission will evaluate all installations as well as any potential exceptions resulting from special circumstances, before granting a C of A. Page 17 of 36 II. EXISTING STRUCTURES A. BUILDING MATERIALS Original exterior building materials in the district include brick, stucco, clapboard, wood shingles, and brick or stone masonry. In some instances, vinyl, composite and aluminum siding have been applied over the original material. Required Original exterior building materials shall be retained when possible. Deterioration of wood materials shall be prevented through repair, cleaning, and painting. The existing architectural detail around windows, porches, doors, and eaves shall be retained or replaced by replicas of the same design when deteriorated beyond repair. Masonry, including brick and stucco structures, shall be maintained, and properly cleaned only when necessary to halt deterioration or to remove stains and shall be done in a method acceptable for the preservation of the surface: i.e. low pressure water and soft natural bristle brushes. Brick or masonry mortar joints should be repointed only when there is evidence of moisture problems, or when sufficient mortar is missing to allow water to stand in the mortar joint. Existing mortar shall be duplicated in composition, color, texture, joint size, method of application, and joint profile. When repairing stucco, stucco mixture shall be used. A professional shall make a study of the old stucco, to determine the exact mixture and underlayment used in the original work. Some repair methods are not compatible with the original techniques and may cause early disintegration of the repair work and the original work. Ample ventilation must be afforded the structure when siding is installed, in order to prevent increased deterioration of the structure from moisture and insects. Recommended Whenever possible, the original building materials should be restored. When maintaining or replacing original siding is not feasible, aluminum, vinyl, or composite siding may be used. When used over wood surfaces, this siding should be the same size and style as the original wood. Every effort should be made to retain the original trim around windows, doors, cornices, gables, eaves, and other architectural features. Property owners should contact the Historic Preservation Commission of South Bend and St. Joseph County prior to initiating any restoration of rehabilitation effort. [Address and contact information is listed in the front of the Guidebook.] The Commission is an invaluable source of information about all facets of rehabilitation and restoration - materials, methods, contractors and the like. Prohibited Wood siding shall not be resurfaced with new material that is inappropriate or was unavailable when the building was constructed, such as artificial stone, brick veneer, asbestos or asphalt shingles. Sandblasting or the use of harsh detergents shall not be used on masonry including brick, stucco, limestone, flagstone and sandstone. This method of cleaning erodes the surface material and accelerates deterioration. Repointing shall not be done with a mortar of high Portland cement content which can often create a bond that is stronger than the building material. Usage of Portland cement can cause deterioration as a Page 18 of 36 result of the differing coefficient of expansion and porosity of the historic masonry unit and the mortar. This most often results in serious damage to adjacent brick. Unpainted masonry surfaces shall not be painted unless they had been painted originally. Paint shall not be removed from masonry surfaces by any means that damage the surface. Not Recommended Waterproof or water repellent coatings or surface consolidation treatments should not be used on masonry surfaces unless required to solve a specific problem that has been studied and identified. Coatings are frequently unnecessary and expensive, and can accelerate deterioration of the masonry. . Mortar joints, which do not need repointing, should not be repointed. Wood siding should not be power - washed. B. ROOFS AND ROOFING Roof shapes in the district encompass all the various designs found in residential structures: hipped, gabled, gambrel, flat, and combinations of these. Roofs are covered with a variety of materials such as asphalt, asbestos, wood and slate shingles as well as clay tiles. Residences in most cases have wood fascias with gutters and downspouts. The fascias of some vinyl or aluminum sided houses are covered with the same material. Required The existing shape and type of materials of the roof shall be retained. All architectural features, which give the roof its essential character, shall be retained, including dormer windows, cupolas, cornices, brackets, chimneys, cresting and weather vanes. Recommended The original shape and materials of the roof should be restored. Particular effort should be made to retain materials such as slate, tile, and other unique materials not commonly found in new construction. Roof covering which is deteriorated beyond repair should be replaced with new material that matches as closely as possible the original in composition, size, shape, color and texture. Gutters and downspouts are often a necessary adjunct in order to prevent deterioration of the ' structure; they should be maintained whenever possible or replaced with a style comparable and suitable to the architectural period. Prohibited Nothing shall be done to change the essential character of the roof as viewed from a street by adding architectural features or large unsightly fixtures, or by using materials inappropriate to the style of the house. The roof shall not be stripped of architectural features important to its character. Not Recommended Overhanging eaves, soffit, brackets and gables should not be covered or enclosed when adding siding to a building. Page 19 of 36 C. WINDOWS AND DOORS Window and doorframes are in most cases wood and vary depending upon the style of the home. Many are double hung windows with wood trim and sills. Brick structures have stone sills and brick lintels. In some cases where aluminum siding has been applied, the window and door trim has been covered. About half of the structures in the district have aluminum storm windows, the other half have wood storm windows. Required Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods, and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended Wood storm windows and doors painted or finished 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. When metal storm doors are used, they should be painted, anodized or coated to match the existing. When awnings are used they should be of canvas material. D. Entrances, Porches and Steps Most houses in the district have either an open or enclosed porch across the front. Most porches have either hip or gabled roofs or are covered by the main roof of the house. Required When deteriorated beyond repair, existing or original porches, stoops, patios and steps, including handrails, balusters, columns, brackets, tiles and roof decorations, shall be retained or replaced by replicas of the same design or by a design more in keeping with the historic period of the structure. Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. RECOMMENDED When enclosing porches for heat conservation or for other reasons, it should be done in a manner that does not alter the architectural or historical character of the building. Prohibited Front porches, stoops, patios and steps that are important to the building's style and development shall not be altered or removed; if in need of replacement, see above Required section. See also Section IV B. Access for Handicapped or Disabled Persons. Not Recommended Original porch details should not be replaced with materials representing a different period or style from the original. Page 20 of 36 E. MECHANICAL SERVICES The majority of the structures within the district have oil or gas heat, and have brick chimneys through the roof. Some houses have one or two window air conditioners. Required Required mechanical systems shall be placed in areas that will result in the least possible alteration of the structural integrity and physical appearance of the building. Recommended Solar collectors and TV dishes should be placed in the rear of the property and shielded by shrubbery and landscaping. Window air conditioners and exhaust fans should be installed at the rear or an inconspicuous side window. Original lighting fixtures should be utilized whenever possible. Prohibited Holes shall not be cut through walls or roofs in areas that can be seen from the street to accommodate air conditioners or other mechanical equipment. Not Recommended Exterior electrical and telephone cables should not be attached to the street elevations of the building. III. NEW CONSTRUCTION New construction includes any new building or structure built within the boundaries of the historic district, or any new addition to an existing building. New construction should be designed considering the appearance, scale, styles, and setbacks of the other buildings in the neighborhood. New work may be contemporary or may suggest motifs from historic buildings in the district. A. HEIGHT AND PROPORTION The majority of the structures in the district are two stories in height, and have square or rectangular plans. There are several houses that have "L" or "T" shaped or rambling ground plans. There are a few single story cottages and one and one and a half story bungalows. The most prevalent facade proportions are: 1:1 and 1:2, height to width ratios. 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 of the tallest existing structure and no less than that of the lowest existing structure in the same block. Facade proportion shall be established by permitting no structure with a facade wider or narrower than those existing in the same block. Additions to existing buildings shall be related in height and proportion to the existing structure. Recommended Design of new construction should be compatible in character and mood to the building or neighborhood. Prohibited Additions that would add new height or change the existing facade of a building and change its scale and architectural character shall not be constructed. Page 21 of 36 Not Recommended New stories should not be added nor existing stories be removed which would destroy important architectural details, features, and spaces of the building. Any style or period of architecture that is incompatible with the existing should not be permitted in the new additions. B. BUILDING MATERIALS Wall materials in the district range from brick, stucco, wood clapboard and shingles, and aluminum, vinyl and fiberboard/composite siding. Required Exterior materials used on a new structure shall be compatible in scale, texture, and color (as pertains to masonry) with adjacent structures. Materials used on an addition to an existing structure shall relate to the existing or original materials of that structure. Also, as much of the original structure as possible shall be retained so that the addition could be removed .without damage to the basic structure and appearance of the building. Recommended Alternative or composite siding may be used when it is the only feasible alternative. This siding should be compatible with the original size and style and with the materials of other buildings in the district. Prohibited Inappropriate materials such as asbestos, asphalt, cast stone, or artificial brick shall not be used. Not Recommended Glass blocks should not be used. Concrete block should not be used for anything other than the foundations. C. SHEDS AND ACCESSORY BUILDINGS Required Sheds and accessory structures (gazebos, decks, doghouses, playhouses, fountains and small reflecting pools, outdoor sculpture, children's play equipment, etc.) shall be located at the rear of the property and as unobtrusively as possible while preserving historical relationships between the buildings, landscape features, and open spaces. Proportions and materials shall conform to those required for new construction. Recommended Accessory building designs should be compatible in character and mood to the residence and the neighborhood. Prohibited Prefabricated metal sheds shall not be used. Not Recommended Prefabricated wood composition sheds should not be used unless they conform to all other guidelines and standards. Page 22 of 36 IV. SAFETY AND BUILDING CODES A. BUILDING CODE REQUIREMENTS Required Building code requirements shall be complied with in such a manner that the existing character of the building is preserved. Recommended Local building code officials should be consulted to investigate alternative life safety measures that will preserve the architectural integrity of the structure. Variances for historic properties should be investigated. Prohibited Construction of new stairways and elevators that would alter important architectural features and spaces is prohibited. Not Recommended Fire prevention equipment should not damage the appearance or fabric of the building. B. ACCESS FOR HANDICAPPED OR DISABLED PERSONS Typical Accessibility Solutions: Install handrails. Vertical or inclined lift. Regrade area around entrance. Portable or,fixed ramp. V. GENERAL A. Buildings in the district should not be demolished except where a building poses a threat to the public safety, and demolition is the only alternative. Documentation of interior and exterior features of the original buildings, especially -homes rated as historically significant, is encouraged. Measured drawings and photographs may be submitted to the Historic Preservation Commission for safekeeping and future reference. B. A Certificate of Appropriateness is required before moving any building or structure. The moving of a building within, out of, or into the district is discouraged; however, moving is preferred to demolition. Buildings incompatible with existing structures in the historic district shall be prohibited. C. Any rehabilitation work shall not be such as to change a building to a style dated previous to its original style. D. In planning rehabilitation projects, an architect or contractor experienced in preservation should be consulted. E. There shall be a liaison committee consisting of five (5) property owners in the district. The committee's responsibility will be to work with the residents of the district and the Historic Preservation Page 23 of 36 Commission (See Appendix D). F. All guidelines will be reviewed and updated, on the recommendation of the liaison committee, every five years after the two-year first review, with ongoing consideration and respect given to Temple Beth - El's exemption with regard to demolition or removal Certificates of Appropriateness. G. In the case of structures located within the district, which are designated individually as Landmarks, the most restrictive guidelines shall apply. H. Existing easements and codicils in property owners' abstracts shall remain in effect. I. There is excepted from the general provisions of paragraph A and B of Section V. General, a partial exception for the future property acquisitions and uses by Temple Beth -El, 305 W. Madison Street, South Bend, Indiana. Temple Beth -El is currently located on the east half of the block bordered by Madison, Lafayette, Marion and William streets. The west half of this block is within the confines of the Chapin Park Local Historic District. Temple Beth -El currently owns, through a trust, a lot in the west half of this block and may acquire in the future other lots in the west half of this block for the purposes of additional buildings, grounds or parking for expansion of its campus. Temple Beth -El and its trusts shall maintain any structures or property in the west half of aforesaid blocks consistent with these guidelines unless and until Temple Beth -El decides to demolish any structures or buildings. In the event that Temple Beth -El wishes to use such land in the west half of the block for Temple purposes, it shall notify the Historic Preservation Commission and seek a Certificate of Appropriateness for the removal of any buildings or structures in the designated area. Such Certificates of Appropriateness will not be denied nor unreasonably delayed if Temple Beth -El follows the demolition or removal procedures set forth in this paragraph. Upon grant of said Certificate of Appropriateness by Historic Preservation Commission, Temple Beth -El may demolish or provide for removal of said buildings. Temple Beth -El may demolish the structure(s) and clear the land, provided that first the structures, be offered for sale and relocation, and publicly advertised at a price of One Dollar ($1.00) with the relocation expenses to be borne by the buyer. The structure shall be offered for sale and relocation for a period of not less than one hundred eighty (180) days. This time period may be extended by up to an additional sixty days (60) at the request of the Historic Preservation Commission or the Chapin Park Neighborhood Association Board. This paragraph shall not constitute a waiver of any of the zoning or building code sections of the South Bend Municipal Code applicable to these properties. This waiver will only apply to Temple Beth -El while it owns the property. This waiver does not apply to any other properties in the district. VI. ENFORCEMENT PROCEDURES Enforcement of the preservation guidelines and standards for the historic district is made possible in the Zoning Ordinance of the City of South Bend, ordinance No. 5565-73, as amended and the Historic 'Preservation Commission's Preservation Plan. The Historic Preservation Commission may petition the Building Commissioner to use the legal means available to him/her to force the maintenance and/or repair of any building or structure within the historic district in accordance with the intent of this ordinance. This ordinance, however, does not prevent the ordinary maintenance and repair of any building or structure which does not involve a change in any exterior feature, nor does it prevent the reconstruction, alteration, demolition, or moving of any building or structure which the Building Commissioner or other official has determined to be a hazard to public safety. Page 24 of 36 Property owners wishing to do, or have done, any work affecting the exterior of their building or land must apply directly to the Historic Preservation Commission on the form prescribed by the Commission (see Appendix A). The Historic Preservation Commission shall issue a Certificate of Appropriateness before commencement of any construction, reconstruction, alteration, demolition or moving of any house or structure within the historic district boundaries (see Appendix A). The Historic Preservation Commission will accept applications for Certificate of Appropriateness only from the property owner. In making its determination, the Historic Preservation Commission shall consider three factors: first, appropriateness of the proposed work to the preservation of the building and district; second, the detriment to the public welfare if the proposed work is permitted even though it is not deemed appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness would cause the applicant. Where the Historic Preservation Commission deems it necessary, the commission may petition the Common Council for a temporary delay in the issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition, or moving for the purpose of preparing an historic preservation plan for a building or district. Such a request shall be for a specified period of time. In no case may the delay granted by the Common Council exceed one (1) year, but the Commission may petition the Common Council for a continuance of any such delay in accordance with the same procedure as for the initial petition. The Commission will review the application and either issue a Certificate of Appropriateness or else deny the application, stating in writing the reasons for such denial. Upon such denial the applicant may appeal to the Common Council. VII. MINIMUM MAINTENANCE STANDARDS All Landmarks and all contributing structures located in an historic district shall be preserved from decay and deterioration, and shall be maintained in good repair and kept structurally sound. The owner or other person having charge or control of Landmarks and property in an historic district shall not allow or permit deterioration from defects or conditions which, in the judgment of the commission, produce a detrimental effect on the character of the district as a whole or the life and character of the Landmark, structure or property in question, including but not limited to: A. Deterioration of exterior walls or other vertical supports causing conditions such as splitting, leaning, buckling, crumbling, visible cracking or similar conditions; B. Deterioration of roofs and other horizontal members causing conditions such as sagging, splitting, buckling, crumbling, holes, missing shingles or similar conditions; C. Deterioration of external chimneys causing such conditions as listing, settling, bulging, crumbling, holes, loose or missing materials or similar conditions; D. The deterioration or crumbling of exterior plasters or mortar; E. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows and doors; F. The peeling of paint, rotting, holes and other forms of decay; G. The lack of maintenance of surrounding environments such as fences, gates, sidewalks, steps, signs, accessory. structures and landscaping; H. The deterioration of any feature so as to create, or permit the creation of, any hazardous or unsafe condition or conditions. The commission shall give notice to the owner or person in charge of the structure, by certified or Page 25 of 36 registered mail, of each specific instance of failure to maintain or repair. A copy of such notice shall be sent to the Code Enforcement Department. The owner or person in charge of such structure shall have twenty (20) days to respond in writing by identifying specifically the corrective or remedial steps to be taken. A Certificate of Appropriateness shall not be required for such repair unless such repair results in a change in. the design, form, proportion, mass, configuration, building material, texture, location or external appearance of any structure .or part thereof. In the latter circumstance, a Certificate of Appropriateness shall be required (HPC Policy; adopted 12-16-91). VIII. EMERGENCY REPAIR PROVISION In the event of any catastrophe causing serious structural damage, the following corrective actions are suggested. Contact the Historic Preservation Commission offices for advice and to see if a C of A is necessary. Repair work with the existing materials would not require a C of A. In-kind replacements of severely damaged material would be able to be approved by the Commission staff within a day. Page 26 of 36 t - I DENIAL OF CERTIFICATE OF APPROPRIATENESS AND AGREEMENT REGARDING PROSECUTION The Historic Preservation Commission of South Bend & St. Joseph County (the "Commission"), by a vote of 7 to 1, at its meeting held on November 21, 2005 at 7:30 p.m., has denied the Certificate of Appropriateness No. 2005-1104A (the "COA No. 2005-1104A!') submitted by John and Diana Matthias ("Petitioners") for the removal of Scamozzi capitals at 840 Park Avenue, South Bend, Indiana (the "Historic Premises") and their replacement with Doric capital (the "Alterations")'. After a duly held public hearing, the Commission denied COA No. 2005-1104A for the reasons stated by the Commissioners at the hearing. Such reasons are set forth in the attached transcript and staff reports referred to by the Commissioners and include, but are not limited to, the following: 1 The South Bend Common Council passed Ordinance No.9574.05 designating the Chapin Park area as an historic district (the "Chapin, Park Historic District") on March 14, 2005. , � I i 2. On March 14, 2005, Historic Premises had three (3) full Scamozzi capitals and two (2) half Scamozzi capitals. 3. Section 21-13.02(e)(1), the Historic Preservation Commission Ordinance of South Bend,and the Chapin Park Historic District guidelines, each require that owners of structures in a historic district obtain a certificate of appropriateness from the Commission before action is taken to construct, reconstruct, alter, demolish or move any exterior feature. of any building, structure or use. 4. Neither the Petitioners nor their contactors attempted to file an application for a certificate of appropriateness with the Commission ortoobtain a building permit for the Alterations prior to commencing work on the Historic Premises, and the Petitioners' contractor performed the work without a certificate of appropriateness or a building permit. 5. That Scamozzi capitals are unique and significant to the Historic Premises, as they had been a part of the Historic Premises for at least 70 to 75 years if not since its origin. 6. That Scamozzi capitals provide a feminine style that matches the pointed and feminine lines of the Historical Premises. 7. That Scamozzi capitals, which are unique and significant as opposed to the I Alterations, were common to Free Classic Queen Anne houses in the Chapin Park Historic District constructed from 1890 to 1909, as many, including the Queen Anne Inn, had such terra cotta capitals. 8. That Scamozzi capitals were popular in the Chapin Park Historic District and the near westside of South Bend and their loss would prevent the preservation of a historically significant brand of architecture of that era. 9. The substantial architectural significance of the Scamozzi capitals at the Historic Premises and in the Chapin Park Historic District is a factor that weighs against the proposed Alterations. 10. Based on the evidence presented, the replacement Doris capitals are not an appropriate replacement for the Scamozzi capitals for this Free Classic Queen Anne style house in the Chapin Park Historic District. 11. Replacement Scamozzi capitals are available and may. be used in a manner that does not cause undue hardship to the Petitioners, as evidenced by the staff's testimony and the Petitioner's previous replacement of a damaged Scamozzi capital in 2001. 12. , There is no substantial public benefit weighing in favor of allowing the Alterations, despite their inappropriateness. The Certificate of Appropriateness No. 2005-1104A is,l�iereby DENIED. klistoric Preservation Commission of South Bend & St. Joseph County. Attest Because the Alterations may be removed and replaced with Scamozzi capitals in the future without harming the Historic Premises and ' because of the special circumstances of the Petitioner, in particular the economic hardship that may result from removing the Alterations and installing the proper Scamozzis, the Commission hereby covenants and agrees not to prosecute this violation of the District's standards, contingent upon the following circumstances: (i) the Petitioners from this point forward seek certificates of appropriateness prior to the commencement of any work for which a certificate of appropriateness is required; (ii) the Petitioners faithfully abide by the rules and regulations of the District; and (iii) the Petitioners forever waive their right to appeal the above denial. This agreement regarding the above denial shall in no way be relied 2 C. I WINDOWSITEMPIDeniat of Certificate of Appropriation (840 Park --John and Diana Matthias) (version 4).doc y 11 upon by the Petitioners or any other person when considering future certificates of appropriateness, including, but not limited to, a certificate of appropriates involving the repair or replacement of the Petitioner's Alterations. This agreement shall bind any future owner or operator of the Historic Premises. , A _ South Bend & St. Joseph County Attest �ll/%td �*I►/rte. /.. , r .The Petitioners, as the owners of the Historic Premises, hereby agree and consent to the above -denial, agreement regarding said denial, and the findings and conclusions contained therein. Diana Matthias, Petitioner Jahn Matthias, Petitioner 3 C. IWINDOWSITEMPIDeniat of Certificate of Appropriation (840 Park -- John and Diana Matthias) (version 4).doc