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HomeMy WebLinkAboutDecember 2007AGENDA OF THE DECEMBER 179 2007 COMMISSION MEETING Regular Meeting THIRTEETH FLOOR- ROOM 1308 County -City Building MONDAY, DECEMBER 17, 2007 7:OOPM I. CALL TO ORDER, ROLL CALL II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. 1344 E. Wayne Street South COA 2007-1120A 2. 710 Park Avenue COA#2007-1107 B. LANDMARK C. NATIONAL REGISTER NOMINATION_ III. REGULAR BUSINESS A. APPROVAL OF MINUTES November 19, 2007 B. TREASURER'S REPORT Location Report C. STAFF REPORTS 1. Correspondence 2. C of A Approvals 3. Directors Report 4. Assistant Director Report 5. Legal Counsel D. COMMITTEE REPORTS: 1. President's Report 2. Landmarks 3. Nominating Committee IV. OLD BUSINESS V. NEW BUSINESS VI. HEARING OF VISITORS AND ADJOURNMENT STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE .OF APPROPRIATENESS Date: December 7, 2007 Application Number: I2007 -1120A Property Location: 1344 E. Wayne Street South Property Owner: Kevin Wilson Landmark or District Designation: East Wayne Street LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This 1925 Colonial Revival house was built by Whitcomb and Keller and sold to Ruth and Anton W. Peterson in 1927. Mr. Peterson was president of Peterson Battery and Ignition Company located at 321-325 Lafayette. Mrs. Peterson was a nurse and director of the Nurse's Registry for St. Joseph County. This house had eight additional owners before it was purchased in 1995 by Kevin Wilson APPLICATION ITEMS: To demolish non -original 2 %z car garage and replace with new 3 car garage tying in with existing concrete slab. The garage will be built in a style and with materials to compliment the house. Please see attached drawings and site plan. STANDARDS FOR EAST WAYNE STREET: III NEW CONSTRUCTION, C. SHED AND ACCESSORY BUILDINGS: Accessory buildings are those structures that serve a specific subordinate function to the residence. These include garages, carports and storage sheds. All of the accessory buildings are located in the rear yard. Most of the garages were designed in an architectural style related to the residence and were constructed at the same time as the residence. REQUIRED: Accessory buildings shall be located at the rear of the property and as unobtrusively as possible while preserving historical relationships between 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. RECOMMENDATION: Staff recommends approval. The proposed garage will replace a non -original structure. It will be in a style and scale to the house and located at the rear of the property and not visible from the street. Application - FOR - Cert�r' f icate of Appropriateness Historic Preservation Commission of South Bend & St. Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 Mailing Address: County-Gty Buiiding, South Bend, Indiana 46601 Phone: 574-235-97'98 • Fax. 574235-957$ Emai): S95jCHP0@co st joseph1mus Website: http://wwwj§mephcauniyindimuLcom/ochp/hukx html OFFICE USE ONLY »»» DO NOT COMPLETE ANY ENTRIES CONTl1'= IN THIS BOX >)-»> OFFICE USE ONLY Date Received oW 'Kaci" 02,00 % Application Number. O Oz Past Reviews: 9& (nrte gjLwt Xrvk,o) Staff Approval authorized by.- Historic y: Historic Commission Review Date: 17 A,.' -ZOO 7 0 Local Landmark ff Local Historic District ov.) National Landmark [] National Register District avow) Certificate of Appropriateness: NO Title: Denied [] Tabled 0 Sent Tb Committee [] Approved and Issued oAss Address of Property for proposed work. t 34 q E_ �e : So,,c(�„r , , ,. Z? N . %G1 I— Stmt Mpm er and Street Nam Name of Property Owner(a): (Pteaae P►tnW . �) j - Address of Property Owners): n,- 5L 2,444 _ , VC t r"" Contractors) Name: �c1J�'�Y1ct�5P�" Contract Company Name: Contractor Address: City. Cs-rss Phone: --;t r7 u - cq 93 Current Use of Building: (ShWUFamay-MulttFandty-Carwmid-cn ernment-Industria!-Voant-etc.) Type of Building Construction: (Wood Frame -Brick -Stan -Stat -Concrete-Other) Proposed Work: ❑ In-kind Landscape [] New 211E�placement (not to -kind) ❑ Demolition (mm a than aye bas maybe dream) -, Description of Proposed Work: o isN i\ urn g, ,) fit.( c� .�,.�1�'s-�'�- 0 l.el c.•c u„) e`�1 �t . te.N�S?�'ex.(�� �,� �.rl� r sent•+-�1` 3— t `' �4j,_u..1 Ll�u, r; �� � -r � . (, L Owner/Contractor: Fax: e_man iTha cfmd trAth ��.�) _ y �X-'`z-f�1 y and/or — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — 11 Q Kaw Oils- 134S� 4sW%wt_ . _ � rN • Si4 -�.SY • 9 �l5 571 � a1V � 111 vim. • MA •I.L? y»yb •`fR�-n�s w3".Q"ow yfiay 34!Vh"M hY J +� b • a•�C � ..o�w1 ARC t TA C2 go. OOn' I 636EN!TH I CHORD LENGTH I IS CHO39'RD BEARING IE 1124'34 CLE -r --TLIS r 1 1 / LEM 1 :+ 1 2. a NDN FOUND 0 5/8' REBAR SET WAN IFA CAP MEASURED RECORDED !q n 'MI"'w" (C) CuaMTED 1 1/2 11NE LIB E(C LI 34AI & R) L2 S 6519'26' W 4131' (M) FDIC( POST L3 S 17519'26- W 4953' 1 LA N0754'56' W 7.04' LS N 6519'28•E4952' 1 it L6 S 0709"54• E TAY I � - 10Va11ED ALLEY 1)ETAL 1 SCALE: 1• 20' Y � �i \� 3/4. OPEN TOP 2.32 NON FOUND f3 �� J.GARI 231 - tip! 1 _ —7 + '� 230 164 6'p 165 LEGAL DMORPTaN: (VACATED ALLEY PARCEL) A PARCEL OF LAND KING A PART OF THE NORTHWEST QUARTER OF SECTION 7. TOWNSHIP 37 NORTH RANGE 3 EAST. PORTAGE TOWNSHIP. ST. FOLLOWSJOSEPH: COUNTY. INDIANA AND OEM MORE PARTICULARLY OESCFWED AS BEGINNING AT THE NORTHEAST CORNER of LOT 231 N WHITCOMB AND KEUER'S SUMIMXDE AO MON; THENCE SOUTH 0519'26• WEST ALONG THE NORTH LINE OF SAID LOT 231 AND ITS PROJECTION WEST, A DISTANCE OF 49.62 FEET. THENCE NORTH 0709'54' WEST. A DISTANCE Of 7.03 FEET: THENCE NORTH 00'19'20' EAST PARALLEL WITH SAID NORM LINE of LOT 231. A DISTANCE OF 49.53 FEET: THENCE SOUTH 0754W EAST. A DISTANCE OF 7.04 FEET To THE PLACE of LEGwmIC. BOUNDARY SURVEY PART OF THE NORTHWEST QUARTER OF SECTION 7. TOWNSHIP 37 NORTH. RANGE 3 EAST. PORTAGE TOWNSHIP. ST. JOSEPH COUNTY, INDIANA WHITCOMB & KELLER'S SUNNYMEDE ADDITION LOT /165 & THE SOUTH HALF OF THE VACATED ALLEY LYING IMMEDIATELY TO THE SOUTH FOR I 1 KEVIN WILSON 1344 EAST WAYNE STREET SOUTH BEND. INDIANA 46615 116 N TDP FOlRO / \ •7 � %• C H 1/2'OPEMTOP mom NDN FouO \ 2 STORY J' - HOUSE A\ . 1 166 0' 40' 80' 120' NOW Mw EICR'S Few TITLE HOLDERS NAME: KEVIN WILSON 1) N ACCORDANCE WITH TITLE 565. ARTICLE 1.1. CHAPTER 12 OF THE INDIANA ADMINISTRATIVE CODE (RULE /I2). THE FOLLOWING OBSERVATIONS AND OPINIONS ARE SUBMITTED R[GARONG THE VARIOUS UICERTAIMES N THE LOCATION OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY AS A RESULT OF UNCERTAINTIES IN REFERENCE MONUMENTS; N RECORD DESCRIPTIONS AND PLATS: IN LINES OF OCCUPATION'; AND AS INTRODUCED BY RANDOM ERRORS N MEASUREMENT (THEORETICAL UNCERTAINTY). THERE MAY BE UNWRITTEN RIMS ASSOCIATED WITH THESE UNCERTAINTIES. PUTS: THIS SURVEY 6 A RECORD DOCUMENT RETRACEMENT SURVEY OF LOT 165 AND A31/LENT WICATED ALLEYS AS SHOWN ON THE RECORDED PUT OF WHITCOB & KELLERY SUINTMEOE ADDITION. RECORDED N BOOL 11. ON PAGE 202 N THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY. INDIANA 114E BASIS OF BFiWNCS FOR THIS SURVEY 6 AN ASSUMED S. 31. 32' 34' E FOR THE NORTHEASTERLY LIE OF SND LOT. THE THEoFrncLL UNCERTAINTY (DUE TO RANDOM ERRORS N MEASUREMENT) OF THE CORNERS OF THE SLOW TRACT ESTABLISHED N THIS SURVEY 6 WITHIN THE SPECIFICATIONS FOR AN URBAN SURVEY AS DEFINED IN IAC 561 THE RELATIVE POSRHONAI. ACCURACY 6 0.20 FEET. AS A RESULT. OF THE ABOVE OBSERVATIONS. R 6 MY OPINION THAT THE UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY ARE AS FOLLOWS: - DUE TO VARIANCES IN REFERENCE MONUMENTS:* AS SHOWN ON THE PUT OF SURVEY HEREON ATTACHED. DIFFERENCES N DISTANCES SHOWN HEREON ARE DUE TO -THE FIELD MEASUREMENTS RELATION TO RECORD DISTANCES. - DUE TO DFAREAVICES N THE RECORDED DESCRIPTION: NONE IN RELATION TO THE RECORD DESCRIPTION WERE FOND. - DUE TO INCONSISTENCIES N THE LIES OF OCCUPATION: NONE OBSERVED. COMMENTS THE P 044 OF THIS SURVEY 6 FOR MR. WLSON TO BE ABLE TO ACONINE THE VACATED ALLEY LYING SOUTH OF HIS GARAGE TO ALLOW FOR AN EXPANSION OF HIS GARAGE. A COPY OF THE RECORDED PLAT AND ONE REFERENCE SURVEY WAS USED IN THE PLACE OF MISSING PROPERTY CORNERS AND THE PROPERTY CORNER FOR THE NEW PARCEL BEING CREATED. 2) NO TITLE COMMITMENT HAS BEEN SUPPLIED TO THE SURVEYOR AT THE TIME OF THIS SURVEY. FIELD WORK FOR THIS SURVEY WAS COMPLETED Olt 10-26-07. 3) THAT, THIS SURVEY WAS PERFORMED FROM PUBLIC RECORDS AND LEGAL DESCIVIWN6 AT THE REO LEST OF KEVIN WILSON. aANEYDRS cauFrATON L TOWICE 0. WRC. AM A REGISTERED LAND SURVEYOR IN THE STATE OF ANOMIA AND HEREBY CERTIFY: THAT 1 HAVE SURVEYED THE LANDS HEREON DESCRIBED AND OELIEATED. AND THAT THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND TO THE BEST OF W KNOWLEDGE AND BELIF THIS SURVEY HAS BEEN PERFORMED N ACCORDANCE WITH 1HE REQUIREMENTS OF RULE 12 OF . HNLAAN STANDARDS FOR COMPETENT PRACTICES OF WIND SURVEYING ' AND AS PRESSi1BED BY INDIANA A010NSTRATIVE CODE US. 1.1-12. SIDED THIS 29th DAY OF OCTOBER. 2007. FURTHER. 1 AFFNII UNDER THE PENALTIES FOR PERJURY. THAT I HAVE I NCEN GRE TO REDACT EACH SOCIAL SEOURTY MINER N THIS DOCUMENT. UNLESS REQUIRED BY LAW. BY:•TERANCE D. BANG. 7EAANCE 0. LANG IIS 5-0523 Lang. Feeney & Associates. Inc.. Land Surveyors Seale i• - 40' Dote 1D-29-07 Rev. Rev. 715 S. Michigon Street South Bend. Indiono 46601 Phone (574) 233-1841 • Soil Scientists Drdwn BKG Job Nome Whitcomb&KlXer1658s IJob Ale' 113-69 Location. Budget 'as 'of 11-30-2007 Note: Includes transactions after the lastSaint posted date of 07-01-2007: _ Joseph County Fund: 001 County General for 01/01/2007 thru 11/30/2007 Lac: 037 Historic Preservation Account Object Description Original Addt'VAdj .. Total unencumbered ' : Une xpended Appropriation . Appropriation Appropriatlon Encumbrance Expenditure BalancelPercertt Balance/Percent 11075' Deputy Director .30,000.00 0.00 30,OOb.00 0.00 27,692.40 2.307.60 000 General GovT. .. 2,307.60, 7.69 7.69 11309 , ..Historic Preservation Admin. _ 36,050.00 0.00 36.050.00. 0.00 33,276.96 2,773.04. 000' General Gov T. 2,773:04 7.69 7.69 10000 - . Totals •'••„•••••••••• • •-;:••• �•-•**• 66,05000 0.00 66,050.00 0.00 60,969.36 5,080.64 5,080.64 7.69 7.69. 21030, Office Supplies 1,250.00 :. 59.50 1,309.50 184.62 583.81. 541.07 725.69 ' 000 General Gov'T. 41.32 " ... 55.42 22016 Gas Oil & Lubricants 883.06 0.00 083.00 0.0087 555.13 327' 000 , General GovT. ` _ 327.87 � . 3713 37.13 22120. Garage $ Motor Supplies 700.00 0.00 700.00 0.00 662.43 :. 37.57. 000 General06VT.. 37.57 . 537 537 20000. Totals ••••*•••,•••••••*• 2,833.00 - 59.50 2,892.50" 184.62 . 1,801.37 906.51 , 1,091.13 31.34 37.72 31070 , ' Other Contractual Services: 28,000.00 0.00 28,000 00 0.00 25,751.58 ' 2,248.42. 2,248.42 000 General GovT. - . r 8.03 8.03 32020, Travel 42500 1,464.60 1,889.60 6.00 1.889.60. 0.00 0.00 . 000 General Gov T. 0.00 0.00 32050 Instruction & Training .' 1,000.00 (185.60) 814.40 0.00 375.00 439.40. 439.40 000 General GovT.. 53.95 53.95 .. 32053 - ..Public Relations 2,570.00 638.82 3,208.82 0.00 3,151.52 57.30 57.30 000 General GovT. 1.79 1.79 32200 Telephone . " 160.00. . 0.00 16000 0.00 0.00 160.00 160.00 000 ... General GovT. , .' , 100.00 100:00 32350. Postage2,160.00 400.36 2,660'.36 . 0.00 2,316.24 244.12 244.12 000 General Gov'T. : 9.53 9.53:.. 33010 Publication Of Legal Notices ' `500.00 0.00 500.00 0.00 114.56 385.44 385:44 000 General Gov't. .77.09 User ID KSOBECKI 12/D;i/200711.44'AM . :.. • .. _ Page 81 , Location Budget as of 11-30-2007 Saint Joseph County Note: Includes transactions after the last posted date of 07-01-2007. Fund: 001 County General for 01/01/2007 thru 11/30/2007 Loc: 037 Historic Preservation Account Original Addt'UAdj Total Unencumbered Unexpended Object Description Appropriation Appropriation Appropriation Encumbrance Expenditure Balance/Percent Balance/Percent 33100 Printing 3,000.00 5,555.00 8,555.00 5,528.00 594.98 2,432.02 7,960.02 000 General GovT. 28.43 93.05 37100 Auto Lease 500.00 0.00 500.00 0.00 500.00 0.00 0.00 000 General Gcv'T. 0.00 0.00 39010 Dues & Subscription 750.00 0.00 750.00 0.00 506.95 243.05 243.05 000 General GovT. 32.41 32.41 39600 Refunds, Awards & Indemnities 0.00 0.00 0.00 0.00 22,762.58 (22,762.58) (22,762.58) 000 General GovT. 0.00 0.00 39750 Data Processing 1,000.00 0.00 1,000.00 0.00 0.00 1,000.00 1,000.00 000 General GovT. 100.00 100.00 39980 Funds W/O Approp. 0.00 0.00 0.00 0.00 12,391.75 (12,391.75) (12,391.75) 000 General GovT. 0.00 0.00 30000 Totals """"""'•'•••"`•'•'•"""'••••'•• 40,065.00 7,873.18 47,938.18 5,528.00 70,354.76 (27,944.58) (22,416.58) (58.29) (46.76) 42010 Buildings & Structures 0.00 30,000.00 30,000.00 0.00 30,000.00 0.00 0.00 367 Gifts&Contrib 0.00 0.00 44250 Office Machines 0.00 3,651.82 3,651.82 0.00 3,651.82 0.00 0.00 000 General GoVT. 0.00 0.00 40000 Totals "'•'••••'•••'••'••••••"•••••'"'•••••• 0.00 33,651.82 33,651.82 0.00 33,651.82 0.00 0.00 0.00 0.00 Location Totals """•'•""'•""'•"••'••••••••'•"•'• 108,948.00 41,584.50 150,532.50 5,712.62 166,777.31 (21,957.43) (16,244.81) (14.59) (10.79) Investment Accounts 0.00 Transfer Accounts 000 166,777.31 User ID KSOBECKI 12/03/200711:44 AM Page 82 Location Budget as of 11-30-2007 Saint Joseph County Note: Includes transactions after the last posted date of 07-01-2007. Fund: 013 County Special Gifts for 01/01/2007 thru 11/30/2007 Loc: 037 Historic Preservation Account Original Addt9/Adj Total Unencumbered Unexpended Object Description Appropriation Appropriation Appropriation Encumbrance Expenditure Balance/Percent Balance/Percent 00000 Gen GoVt 0.00 9,028.25 9,028.25 0.00 0.00 9,028.25 9,028.25 000 General GovT. 100.00 100.00 00000 Totals ******""*'"'*".......*"'**"««"'*'"' 0.00 9,028.25 9,028.25 0.00 0.00 9,028.25 9,028.25 100.00 100.00 23240 Other Supplies 0.00 2,656.00 2,656.00 0.00 0.00 2,656.00 2,656.00 000 General GovT. 100.40 100.00 20000 Totals «*«"'*"'""""`"""'*"*""'*'«"«" 0.00 2,656.00 2,656.00 0.00 0.00 2,656.00 2,656.00 100.00 104.40 42010 Buildings & Structures 0.00 52,000.00 52,000.00 0.00 52,000.00 0.00 0.00 367 Gifts&Contrib 0.00 0.00 40000 Totals":Y.a......:«.......:«.............*.. 0.00 52,000.00 52,000.00 0.00 52,000.40 0.00 0.00 0.00 0.00 Location Totals'«««"'*"'««`*«""`*"`*"`*""**"`«*` 0.00 63,684.25 63,684.25 0.00 52,000.00 11,684.25 .11,684.25 18.35 18.35 0.00 Investment Accounts Transfer Accounts 0.00 52,000.00 User ID KSOBECKI 12/03/200711:44 AM Page 154 1 MINUTES OF A MEETING OF THE 2 HISTORIC PRESERVATION COMMISSION 3 OF SOUTH BEND & ST. JOSEPH COUNTY 4 November 19, 2007 5 13th Floor Conference Room 6 County -City Building, South Bend, Indiana 7 Members Present: Lynn Patrick (Vice President), Timothy Klusczinski (President), 8 Linda Riley, Joann Sporleder (Architectural Historian), Mary Jane Chase (Treasurer)," 9 Jerry Uj dak - 10 Attorney: Shawn Peterson 11 Staff Present: None 12 Absent: Martha Choitz, Todd Zeiger 13 Visitors: Robert Sedlack, Mark Bruneau, Georges Enderle, Donald Sporleder 14 15 CALL TO ORDER AND ROLL CALL: President Tim Klusczinski called the meeting 16 to order at 7:02 pm. 17 I. PUBLIC HEARING. 18 STAFF REPORT 19 CONCERNING APPLICATION FOR A 20 CERTIFICATE OF APPROPRIATENESS 21 22 Date: November 8, 2007 23 Application Number: 24 Property Location: 25 Property Owner: 2007-1023 817 Forest Avenue Theresa and Robert Sedlack 1 26 Landmark or District Designation: Chapin Park NR/LHD 27 Rating: N 28 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This StickNernacular 29 style house was built in 1892 for Elizabeth Lemen on Lot 28 of Chapin Place that was 30 purchased from Edward Chapin. The house was constructed for Elizabeth's son, Edward 31 Lemen, a manufacturer of "blank books". Mary and Lafayette LeVan purchased the home 32 in 1894 and resided there until 1900. Mr. LeVan was a superintendent for the Oliver 33 Chilled Plow Works. 34 APPLICATION ITEMS: To replace old, rotted wooden fence with black ornamental aluminum 35 "Hamilton" fencing with Quad Finials between the house and the garage on the south along with 36 the 50 feet of fencing on the north side of the house and 8 feet along the east side per site plan. To 37 install a new fence of the same design along the rear of the property with gates for car and a walk 38 gate to connect with neighbors' fencing of same design in COA #2007-1029. 39 CHAPIN PARK STANDARDS AND GUIDELINES: 40 B. BUILDING SITE, LANDSCAPING & ACCESSORIES 41 This section focuses on individual properties and amenities. Building sites tend to be irregularly 42 shaped, of varying topography and with different setbacks with regard to plots. Alleys are 43 generally behind houses. Landscape accessories like fences are unique to each structure. Chapin 44 Place presents a unique situation within the district. Applications from properties that have 45 property lines on Chapin Place will be considered on a case-by-case basis. 46 Required 47 Fencing, walkways, outbuildings, private yard lights, signs (i.e. house numbers) and benches 48 (visible from the street) as well as trees located in a yard or tree lawn which reflect the property's 49 history and development shall be retained. A tree located in such areas shall only be removed if 50 the removal is required due to storm damage,disease, threatened damage to a structure or for such 51 other reason acceptable to the Historic Preservation Commission. Storm damaged or diseased 52 trees should then be replaced with an approved species at the same or approximate location 53 wherever possible. Fencing visible from the street in front of the structure shall be open 54 (meaning spaces between the pickets) and consistent with the historic character of a structure 55 enclosed. 56 Recommended 57 New site work should be based upon actual knowledge of the past appearance of the property 58 found in photographs, drawings and newspapers. New site work should also be appropriate to 59 existing surrounding site elements in scale, type and appearance. Front yard areas should remain 60 open. (See above for information regarding fences.) Trees in close proximity to a building may 61 cause structural damage. Owners are encouraged to remove these trees and replace (or replant) 62 them at a more appropriate location as soon as planting season permits and upon approval of aC 63 of A. 2 64 Prohibited 65 No changes may be made to the appearance of the site by removing trees, fencing, walkways, 66 outbuildings or other elements before evaluating their importance to the property's history and 67 development. Front yard areas shall not be transformed into parking lots nor paved nor 68 blacktopped, nor enclosed by solid fences, chain link, nor industrial/commercial style fences. The 69 installation of unsightly large devices, such as television satellite dishes, skylights or solar panels, 70 shall not be permitted in areas where they detract from the architecture of a building, are intrusive 71 to the public view of the building or are highly visibly from a public street, or ruled inappropriate 72 after Commission review. Utility poles with high-intensity overhead lights should be installed so 73 that they cannot be seen from a street. The Commission will evaluate all installations as well as 74 any potential exceptions resulting from special circumstances, before granting a C of A. 75 RECOMMENDATION: Staff recommends approval of both items. The fence style is more 76 appropriate to the site than the solid wooden fence. The standards and guidelines for Chapin Park 77 are silent on the use of fencing the rear of the property and concentrate more on the front yard 78 views which require the open views which this style possesses. 79 Tim Klusczinski: Is the petitioner present? Please step closer to the microphone and please 80 state your name and address for the record. 81 Robert Sedlack: My name is Robert Sedlack, 817 Forest Avenue., 82 Tim Klusczinski: OK. Would you care to make a short presentation? 83 Robert Sedlack: Sure, I will be very brief. The report that Tim Klusczinski just read is 84 very accurate, the rotting wooded fence we would like to replace with a 85 more historic architecturally accurate fence. We looked briefly into 86 wrought iron fences and realized that they were well beyond our means. 87 The ornamental aluminum recreates that look. We are paying a little 88 extra for the finials to top off the top of the fence to make it even more 89 architecturally accurate. It is a safety issue with kids and a replacement 90 issue with an old rotting fence. I think that is all that I have to say. I 91 welcome any questions. 92 Tim Klusczinski: The chair recognizes Commissioners with questions for the petitioner. 93 Mary Jane Chase: IIs your property onto an alley? 94 Robert Sedlack: It is. 95 Mary Jane Chase: OK. I wondered because the entrance to the garage would be this way? 96 Robert Sedlack: No the entrance of the garage is directly off the back alley. 97 Mary Jane Chase: Oh, OK, so that ... that would ... I see... 98 Robert Sedlack Remember we're replacing ... so this is the entrance to the garage and that 99 the alley is here. We have fences that butt up to the alley our neighbor 3 100 due north of us and our neighbor two buildings south of us have fences 101 that go right to the alley and that will become significant and my other 102 neighbor who is here has a similar proposal as we are looking to stop 103 some foot traffic through his lawn but you'll hear from him in just a 104 moment. 105 Tim Klusczinski: Any other questions? 106 Joann Sporleder: Yes. What color is this fence? 107 Robert Sedlack: Black. 108 Tim Klusczinski: Hearing no other questions. Open discussion... any discussion? Hearing 109 no discussion, the chair opens public hearing. Is there any member of the 110 public wishing to speak in support of the petition? 111 Voice: I think it's an excellent idea. 112 Tim Klusczinski: Sir, could you come up and identify yourself, please? 113 Mark Bruneau: My name is Mark Bruneau and I live at 815 Forest Avenue, which is 114 right next door, I am the neighbor that is putting up the fence right next 115 to his, so we are closing off the alley together. We currently do not have 116 a fence. 117 Joann Sporleder: So you are closing off the alley? 118 Mark Bruneau: We are closing off access from the alley to my property. 119 Tim Klusczinski: Uninvited foot traffic... 120 Mark Bruneau: Uninvited foot traffic, so I am strongly in support of Robert getting the 121 fence so we are getting the fence as part of the same project. 122 Joann Sporleder: Ok, so, so ... just get me oriented because I can't read the anal thing. 123 Tim Klusczinski: Joann, I don't know if we are allowed necessarily to investigate his 124 proposal because.... 125 Joann Sporleder: I just want to know what the relationship is between the two. 126 Mark or Robert: His house is this way and my house is that way. 127 Tim Klusczinski: Any other members of the public wishing to speak in support? Hearing 128 none, any members of the public wishing to speak in opposition? 129 Hearing none, chair is closing public hearing. Any final comments? Mr. 130 Sedlack? 131 Robert Sedlack: No. 12 132 Tim Klusczinski: Very Good ... Any additional discussion Commissioners? Very 133 Good.Chair entertains a motion. 134 Lynn Patrick: Motion we approve Certificate of Appropriateness number 2007-1023. 135 Linda Riley: Second. 136 Tim Klusczinski: Motion. has been made and seconded. Any other discussion? All in 137 favor? 6 Ayes. Opposed? 0. Motion carries unanimously. 138 Robert Sedlack: Thank you for your time. 139 Commissioners: Thank You! 140 Joann Sporleder: I would like to request not reading all of that stuff with this COA, just the 141 things that pertinent to that particular house. 142 Tim Klusczinski: I'd be OK with that but I don't know whether or not this is any different 143 than the other. I haven't compared them, 144 Joann Sporleder: I have. 145 Tim Klusczinski: Ok. And you're willing to testify that.... 146 Joann Sporleder: I just want your to read the Application items on down. And the 147 Historical Context of the house. That little bit; that's different. All 148 Chapin Park standards and guidelines are the same, so ... that could be 149 assumed and understood. 150 Tim Klusczinski: Ok. Very Good. Welcome to the abbreviated text. 151 STAFF REPORT 152 CONCERNING APPLICATION FOR A 153 CERTIFICATE OF APPROPRIATENESS 154 Date: November 8, 2007 155 Application Number: 2007-1029 156 Property Location: 815 Forest Avenue 157 Property Owner: Julie and Mark Bruneau 158 Landmark or District Designation: Chapin Park NR/LHD 159 Rating: Contributing 5 160 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The Queen Anne at 161 815 Forest was built in 1891 for Flora and Charles Horst. Charles was a hackman for 162 Miller & Newman. They raised three children: Rudolf, Sarah and Jay. Sarah, who 163 became a nurse inherited the house in the 1930s and lived there into the 1940s. 164 APPLICATION ITEMS: To enclose backyard for privacy and to end random foot traffic 165 between Forest Avenue, Leland and the alley between them. Per site material submitted. Fencing 166 and style to match that of COA#2007-1023 "Hamilton" black aluminum with Quad Finials. This 167 would be a new 60 foot fence with a walk gate along the rear of the back yard and alleyway 168 CHAPIN PARK STANDARDS AND GUIDELINES: 169 B. BUILDING SITE, LANDSCAPING & ACCESSORIES 170 This section focuses on individual properties and amenities. Building sites tend to be irregularly 171 shaped, of varying topography and with different setbacks with regard to plots. Alleys are 172 generally behind houses. Landscape accessories like fences are unique to each structure. Chapin 173 Place presents a unique situation within the district. Applications from properties that have 174 property lines on Chapin Place will be considered on a case-by-case basis. 175 Required 176 Fencing, walkways, outbuildings, private yard lights, signs (i.e. house numbers) and benches 177 (visible from the street) as well as trees located in a yard or tree lawn which reflect the property's 178 history and development shall be retained. A tree located in such areas shall only be removed if 179 the removal is required due to storm damage, disease, threatened damage to a structure or for 180 such other reason acceptable to the Historic Preservation Commission. Storm damaged or 181 diseased trees should then be replaced with an approved species at the same or approximate 182 location wherever possible. Fencing visible from the street in front of the structure shall be open 183 (meaning spaces between the pickets) and consistent with the historic character of a structure 184 enclosed. 185 Recommended 186 New site work should be based upon actual knowledge of the past appearance of the property 187 found in photographs, drawings and newspapers. New site work should also be appropriate to 188 existing surrounding site elements in scale, type and appearance. Front yard areas should remain 189 open. (See above for information regarding fences.) Trees in close proximity to a building may 190 cause structural damage. Owners are encouraged to remove these trees and replace (or replant) 191 them at a more appropriate location as soon as planting season permits and upon approval of a C 192 of A. 193 Prohibited 194 No changes may be made to the appearance of the site by removing trees, fencing, walkways, 195 outbuildings or other elements before evaluating their importance to the property's history and 196 development. Front yard areas shall not be transformed into parking lots nor paved nor 197 blacktopped, nor enclosed by solid fences, chain link, nor industrial/commercial style fences. The 198 installation of unsightly large devices, such as television satellite dishes, skylights or solar panels, 199 shall not be permitted in areas where they detract from the architecture of a building, are intrusive 200 to the public view of the building or are highly visibly from a public street, or ruled inappropriate 201 after Commission review. Utility poles with high-intensity overhead lights should be installed so 202 that they cannot be seen from a street. The Commission will evaluate all installations as well as 203 any potential exceptions resulting from special circumstances, before granting a C of A. 204 RECOMMENDATION: Staff recommends approval. The standards and guidelines for Chapin 205 Park are silent on the use of fencing the rear of the property and concentrate more on the front 206 yard views which require the open views which this style possesses. The aluminum "Hamilton" 207 style compliments the site and style of the house. 208 Tim Klusczinski: I see once again that the petitioner is here. Could you identify 209 yourself once again for this case. 210 Mark Bruneau: Certainly. I am Mark Bruneau from 815 Forest Avenue. 211 Tim Klusczinski: Care to make any statement regarding your certificate of 212 appropriateness? 213 Mark Bruneau: No. The application items fairly well encompasses what we are 214 trying to do. For the most part we are trying to cut the foot traffic 215 that cuts through our yard. We had some theft issues in the past 216 and cutting down the foot traffic certainly should reduce that a 217 little bit. Other than that, style and such, to historical accuracy as 218 best we could. 219 Tim Klusczinski: Very Good. Any Commissioners with questions for the petitioner? 220 Ok. Hearing none ... any commission discussion? Also hearing 221 none, Chair opens public hearing. Is there any member of the 222 public wishing to speak in support of the current petition? I see 223 one. 224 Robert Sedlack: I am Robert Sedlack 817 Forest Avenue. I support Mark's interest 225 in putting up the fence, mainly, in his case, for foot traffic and theft 226 reasons, we have slightly different reasons that we are doing this, 227 that is important for everyone in the neighborhood. 228 Tim Klusczinski: Very Good. Any other member of the public? Any member of the 229 public wishing to speak against the current petition? Hearing none, 230 chair closes public hearing, moving on, any final remarks, 231 statements, clarifications... 232 Mark Bruneau: No, No thank you. 233 Tim Klusczinski: Very Good. Any additional discussion, Commission? 7 234 Joann Sporleder: I don't have any real discussion, but I asking this question 235 wrongly, I am sure, often when we have the historical information 236 about it brings us up to the present and in these cases it doesn't in 237 either case, but our staff people aren't here to respond to that I was 238 just curious as to why the historical context hasn't been brought up 239 to date, so to speak. In many cases it has been, but in this case it 240 hasn't. 241 Tim Klusczinski: I see. 242 Jerry Ujdak: Make a note of that. 243 Tim Klusczinski: I will. 244 Mary Jane Chase: Well in the previous on it just went up to 1900, so... 245 Tim Klusczinski: Just as a point of clarification, I am not sure that legally that it's 246 particularly relevant unless it does somehow manipulate the 247 application I not sure that it does in this case, but I will bring it up 248 to Catherine and Amy. 249 Joann Sporleder: Well, sometime subsequent owners are significant in some way, 250 that's my feeling any way. 251 Tim Klusczinski: Very Good, any other discussion? Hearing none, Chair entertains a 252 motion. 253 Lynn Patrick: I motion that we approve certificate of appropriateness number 254 2007-1029. 255 Tim Klusczinski: Is there a second? 256 Mary Jane Chase: Second. 257 Tim Klusczinski: The motion has been made and seconded to approve and other 258 discussion? Hearing none, All in favor? 6Ayes. Opposed? 0 259 Motion carries unanimously. Thank you very much. 260 Mark Bruneau: Thank you very much for your time. . 261 Tim Klusczinski: Typically there will be follow up from the staff. Application 262 number 2007-1107. 263 STAFF REPORT 264 CONCERNING APPLICATION FOR A 265 CERTIFICATE OF APPROPRIATENESS 266 Date: November 8, 2007 267 Application Number: COA# 2007-1107 268 Property Location: 710 Park Avenue 269 Property Owner: Georges Enderle 270 Landmark or District Designation: Local Landmark, Chapin Park LHD/NR 271 Rating: Outstanding 272 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This Eclectic Italianate 273 was built for Mary Chapin Anderson and Andrew Anderson between 1875 and 1877. 274 Four generations of the Anderson-DuShane family lived in this house until 1962. This is 275 one of the most significant residential architectural structures in the city of South Bend 276 and in Chapin Park. 277 APPLICATION ITEMS: Four Marvin replacement windows in the bay area, wood ultimate 278 insert double hung, double pane, upgraded to Low E II with Argon gas. Per letter and 279 specifications submitted. 280 CHAPIN PARK STANDARDS AND GUIDELINES 281 C. WINDOWS AND DOORS 282 Window and door frames are in most cases wood and vary depending upon the style of the home. 283 Many are double -hung windows with wood trim and sills. Brick structures have stone sills and 284 brick lintels. In some cases where aluminum siding has been applied, the window and door trim 285 has been covered. About half of the structures in the district have aluminum storm windows; the 286 other half have wood storm windows. 287 Required 288 Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative 289 glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced 290 with units and trim resembling the original. 291 Recommended 292 Wood storm windows and doors painted or finished to match the original should be used but 293 should not damage existing frames. If new sashes or doors are installed, the existing or original 294 materials, design and hardware should be used. When metal storm doors are used, they should be 295 painted, anodized or coated to match the existing. When awnings are used, they should be of 296 canvas material. 01 297 Prohibited 298 Original doors, windows and hardware shall not be discarded when they can be restored and 299 reused in place. New window and door openings, which would alter the scale and proportion of 300 the building may not be introduced. Inappropriate new window and door features such as metal, 301 vinyl or fiberglass awnings, hoods or aluminum insulating glass combinations that require 302 removal of original windows and doors, shall not be installed. 303 Not Recommended 304 Fake shutters that would detract from the existing character or appearance of the building should 305 not be used. 306 GROUP B LANDMARK STANDARDS B. Treatment: Treatment shall be defined as any 307 change of surface materials that will not alter the style or original form. Such improvements 308 include reproofing, glazing, or landscaping lawns and may involve a change that can 309 potentially enhance or detract from the character of the landmark. A treatment change of 310 any surface whether on the landmark or in its environment may require a Certificate of 311 Appropriateness if it significantly alters the appearance of the landmark. Although these 312 kinds of changes may not require a Building Permit, a Certificate of Appropriateness may 313 be necessary. The commission should review the proposed treatment for character and style 314 consistency with the original surfaces. 315 RECOMMENDATION: Staff can not recommend approval as the windows are not 316 deteriorated beyond repair and can be restored in-situ in this significant architectural 317 landmark. These are the same windows that were applied for in COAs 2006-1108A and 318 2007-0905A which the Commission denied. 319 Tim Klusczinski: Professor? Please identify yourself. name and address 320 Georges Enderle: Yes. I am Georges Enderle, I live at 710 Park Avenue, South Bend. 321 Tim Klusczinski: You are here to make a brief presentation on behalf of your 322 petition. 323 Georges Enderle: Yes. Thank you. Well as you all know my house is a beautiful 324 building and I feel that I have a responsibility to preserve the 325 unique character of my house. But the windows are deteriorating 326 severely and need repair. Since September, 2006 I've been 327 discussing my window problem with the Historic Preservation 328 Commission many times and in the process I've learned quite a lot 329 about vindows. Including the visits of some commissioners to my 330 house we had six meetings, so today is our seventh meeting. 331 Unfortunately, we couldn't find a solution so far. So what I am 332 proposing is four Marvin replacement windows in the bay area: 333 wood ultimate inserts, or wood tilt backs with jamb liners, double 334 hung, double pane, upgraded to Low E II with Argon gas. To be 335 clear, my proposal concerns only the four windows in the bay area 10 336 of the dining room. Replacement Windows, inserts or tilt backs are 337 of high quality in wood without aluminum clad and double pane: 338 Neither interior nor exterior storm windows are required for this 339 solution. My view, they meet the essential criteria of sustainability 340 and authenticity to address my window problem. So, why I am 341 applying for this? Well, I think that the windows cannot be 342 restored in-situ as the staff report says. They have to be taken out, 343 they have to be repaired while we are exposed to bad weather and 344 moved in again. There are, I think, in our discussions three options 345 we have examined but none of them is acceptable. The first option 346 is to install a second glass on the restored single pane windows. 347 This is not possible because the size of my windows is too big and 348 the strength of the windows would be impaired severely. But 349 second option is interior storm windows. They could be installed, 350 technically speaking, yes. But this decision is at the discretion of 351 the owner and I don't want interior storm windows because they 352 substantially impair the aesthetics of the dining room and need to 353 be removed and re -installed in spring and fall respectively; hence 354 reducing my quality of life. Third, the third option is exterior storm '355 windows, but they are technically not feasible in the bay area. 356 Moreover, they would harm the current historic aesthetics of the 357 exterior of the area. Furthermore, my house never had, never had, 358 exterior storm windows. How, then, could the Historic 359 Preservation Commission require install something new that is 360 alien to my historic house. Because none of these three options is 361 acceptable and no other proposal was offered by the Commission, l 362 can not but ask for the proposed four Marvin windows replacement 363 windows. I think that this solution does the least harm to the 364 existing structure of my house. Thank you. 365 Lynn Patrick: I'd like to ask, if may, is that a prepared statement that you have 366 just read? 367 Georges Enderle: Prepared? 368 Lynn Patrick: Yes, what you just read us, did you have it all written out in 369 advance? 370 Georges Enderle: Well, its some remarks, I can give it later on. 371 Lynn Patrick: I am wondering if that would be helpful since the person who is 372 going to be typing up the minutes, if you had a copy, we could 373 include with the materials, it would make it easier when she goes 374 to type up the minutes. 375 Georges Enderle: I will send it. 11 376 Tim Klusczinski: Professor, I have a Staff Response in my packet. When you said 377 that the Staff did not provide an alternate solution to you, did you 378 receive that dated October 24? 379 Georges Enderle: Yes. You mean with the three proposals, the articles and the 380 brochure? 381 Tim Klusczinski: Well ... it goes: Dear Dr. Enderle, The Commissioners of the 382 Historic Preservation Commission instructed me to write to you 383 concerning you bay windows and your desire to have operable, 384 more energy efficient windows. The latest information available 385 from research indicates that the heat loss through the single pane of 386 window glass is about 20%, but, the majority of the heat loss is 387 through improperly fitting sashes and the framing. The proposal 388 that the Historic preservation Commission would accept would be 389 the total restoration of the original windows by an experience 390 craftsman with the installation of the appropriate weather-stripping 391 to ensure a proper fit. This would include the insulation of the 392 window cavities as well to reduce the draughts and can be 393 accomplished in such a way as to accommodate the weights. The 394 Commission would not have any objections to interior storms and 395 would recommend additional insulation on the bay window area 396 around the knee wall and its base. The Commission might allow 397 exterior storms if they could be applied discreetly in the window 398 openings over the restored windows. The Commission also might 399 allow the installation of double paned window glass in the original 400 sashes if they could be successfully installed in the original 401 window sashes. The Historic preservation Commission will only 402 accept the least invasive applications for your home because your 403 home is a significant and landmarked structure within an 404 architecturally important local and national register district; and 405 because the windows are not deteriorated beyond repair. The Staff 406 and Commissioners would be available to assist and advise the 407 craftsman that you would select for your window project. I know 408 that a successful project is important to you and have enclosed 409 product information and restoration articles to help guide you in 410 this process. Please do not hesitate to call with any questions or 411 concerns, Sincerely, Catherine D. Hostetler, Director 412 Georges Enderle: Yes. We had Catherine and Paul Hayden and Mr. Schoberg came 413 to my house. We had a meeting and we discussed it and in this 414 letter it said that interior storm windows would be allowed, well I 415 don't ... I appreciate that ... but I think this is out of the question. 416 About exterior storm windows I think I made those three points 417 before, I don't understand how you can improve the quality of a 418 single pane window with the help I was offered. Because a double 12 419 pane window is stronger than a single pane window and here 420 scientific research is very clear about it, two windows insulate 421 better than one. So that is why I am saying I see three options 422 either I mean that we discuss that we take the existing windows we 423 install a second glass one the first, existing window, but this is not 424 possible because my windows are too big. And if you do that they 425 loose the strength, it is not stable any more; that is what Wayne 426 Doolittle told me and what I could find in the literature. 427 Tim Klusczinski: You said that you also met with Steve Schoberg and Paul 428 Hayden... 429 Georges Enderle: Yes. 430 Tim Klusczinski: And I don't have the ability to ask staff if they documented the 431 context of the meeting. But I am interested in knowing if Steve 432 Schoberg ... because he is a contractor, window restoration 433 specialist as far as we know. 434 Georges Enderle: Right. 435 Tim Klusczinski: And then Paul Hayden is also technical support from Historic 436 Landmark. 437 Georges Enderle: Yes. Right. 438 Tim Klusczinski: Did they offer any other suggestions to you? 439 Georges Enderle: Well after that meeting, I got three things: I got two articles, which 440 I mentioned in my letter, and the brochure of light windows 441 invisible windows which are storm windows inside and outside. 442 Now, my point, I think is clear. That there are three things: first is 443 what can we do"with the existing storm windows? The second is 444 what about interior storm windows and third question is what 445 about exterior storm windows? These are three questions. And the 446 first question is maybe we can put the second glass on top of the 447 first one? But this is not possible, I mean with all good will, it is 448 not stable and the strength of the big windows, they are huge 449 windows, you know. You cannot with the same wood frame place 450 another thing ... and, and think... believe that it is insulated over the 451 next 20 years. This is technically not possible. So, a possibility is, 452 and I discussed it with Mr. Schoberg, and he said what he would 453 do, he would restore the window as it is but keep the glass as it is, 454 not to add any second glass. Well, then I have the same problem 455 next winter as well, that one glass does not protect enough against 456 the cold from outside. You assume that I can put interior storm 13 457 windows, well I told, I tell you I don't want that. It's not your 458 business to tell me what I do in my house. You tell I should have 459 exterior storm windows; well I tell you its physically, technically 460 not feasible because there is such a small space between the 461 existing double hung, now, the upper sash and the frame, you 462 would have to put the storm window on top of the existing frame 463 and the water could drop down. In addition, we cannot have the 464 light effects as we have; now we have two sashes, the upper sash 465 and the lower sash and they have a very beautiful light effect, light 466 effect from outside. I have in my house one storm window on the 467 porch at the entrance which I don't know when it was placed in, 468 certainly without the permission of the Commission, it looks very 469 ugly. You know, I can, it looks like it was put on the frame with 470 screws, I don't touch it, you know. But I don't want to see the 471 house with this kind of storm windows all over the place; it would 472 be a deterioration of the house, I cannot take the responsibility for 473 that. You would be, I mean, imagine how you, I have 54 windows, 474 you know, and you put this kind of exterior storm windows and it 475 will look afterwards. If you.... 476 Tim Klusczinski: You have brought up an interesting point, because you said your 477 petitioning for four windows in the bay area, do you have 478 intentions on applying this same procedure to all other 52 or 50 479 windows? 480 Georges Enderle: No, I have no intention about the other windows, but, because 481 windows are different, you know. There are about three or four 482 different types of windows, that's why I want to talk about those 483 four windows in the bay area because they are the most urgent 484 thing to do. 485 Tim Klusczinski: Ok. 486 Georges Enderle: We have our table there for breakfast lunch and dinner, but we can 487 not have our lunch and dinner there, it's not possible, we have to 488 go to another room. To say that you could put some blankets or 489 some heavy curtains due to the cold coming in, well that was in 490 1890 or 95, but not in the year 2007. 491 Tim Klusczinski: My question has been answered professor, any other questions for 492 the petitioner? 493 Shawn Peterson: I'd like to clarify for the record, you said that you could restore the 494 windows? 14 495 Georges Enderle: No, he did not say that. We looked at it, we discussed it, but he did 496 not make a judgement. 497 Shawn Peterson: Who said that it wouldn't support the double windows? 498 END OF TAPE #1. 499 Don Sporleder: Don Sporleder, 205 Cripe Street, Professor of Architecture 500 Emeritus, University of Notre Dame. I would speak in favor of this 501 petition for a Certificate of Appropriateness. On the points that the 502 proposed is a remedy to a problem that is a problem. It is not 503 invasive, and indeed maintains the appearance of the existing land 504 marked house. A very important part. The fact that the storm 505 windows, which is an option, if that were done it would definitely 506 change the appearance. It's not an easy one because the existing 507 situation would not accommodate the use of storm windows except 508 for a jerry-rigged thing. The fact that the house is historic and has 509 not had storm windows, I would submit, is a good case for not 510 doing exterior storms as well not withstanding the change in 511 appearance that would occur. And the interior storms which I think 512 the petitioners points were well presented though I think that the 513 windows are proposed are good ones and would work well. 514 Tim Klusczinski: Thank you sir. Any member of the public wishing to speak in 515 opposition to the current petition? Hearing none, I close the public 516 hearing. Final comments? No? Any other Commission comments, 517 discussion, questions? 518 Joann Sporleder: Yes, I would just like to say that this has been long and torturous 519 for all of us, but I'm sure that Tim hasn't enjoyed this any better 520 than anyone else has. I think that it's important to keep the overall 521 appearance architecturally and historically. The outside appearance 522 is kind of critical. Also equally important is making the structure 523 livable in an accommodating, modern way that we like to live in. 524 To consign someone to perpetually living in single pane glass and 525 it's all made nice and tight and is perfectly wonderful so that the 526 air doesn't blow in around the edges, you've still got frost on the 527 windows unless you put plastic on the inside. I think to use the best 528 technology that is currently available to achieve all of the purposes 529 of improving the livability of our most important historic structures 530 and not treat them as museum pieces because we want people to 531 live in them and enjoy them. I think that he has worked hard to try 532 and find a way to fit this in with the deteriorating fabric of his 533 house in anyway and still give the appearance of the outside to be 534 the same as it currently is: And to maintain his livability as he 535 wants to in his own house, as we all do. I think he's tried very hard 536 to do the best he could with this. The economic thing is happily not 15 537 a consideration here, he's willing to spend the money to get a 538 quality piece of work here. 539 Tim Klusczinski: Thank you. Any other statements? 540 Mary Jane Chase: The only thing that I notice in 2006 and 2007 the C o f A's were 541 applied for in November, September and now into November. If 542 the windows need to be taken out, why hasn't this ever been done 543 in May or June? 544 Tim Klusczinski: That's a good point. 545 Georges Enderle: Well, the answer is that I was hoping that in September we had the 546 solution for the Fall but it was not. 547 Mary Jane Chase: The inconvenience is the weather. If we'd had this in May or June 548 any need to take them out and repair them would have been very 549 possible. 550 Georges Enderle: 551 Tim Klusczinski: 552 Linda Riley: 553 554 Tim Klusczinski: 555 I remember why I was out of the country. Ok. I have a follow up question to that. If he'd wanted to take them out and repair them, would he have needed a C of A for that? No, not for in-kind. You can fix and repair, in kind, any part of your house. 556 Joann Sporleder: You still need a C of A for re -roofing your house even in kind. 557 Linda Riley: I know... 558 Tim Klusczinski: Anything that requires a building permit, and that's the trip 559 mechanism for that. Repairing your own windows does not require 560 a building permit. 561 Linda Riley: What if he had someone else repair them? 562 Tim Klusczinski: It wouldn't matter. If you incur a certain indebtedness to the 563 contractor that exceeds $500.00, then that trips the Building 564 Department, and you must have a C of A at the same time. I don't 565 think that's really here nor there, you can repair any part of your 566 house. The Chair entertains a motion one way or the other. 16 567 ' Joann Sporleder: I move, what is the number for this, I move that C of A 2007-1107 568 for 710 Park Avenue be approved because the proposal... 569 Tim Klusczinski: You don't have to state a reason. 570 Joann Sporleder: I know, but I'd like to. Because it does no harm in any way to the 571 existing structure, it seems to be architecturally appropriate, and it 572 does the public no harm. 573 Linda Riley: Second 574 Tim Klusczinski: Motion has been made and seconded. 575 Shawn Peterson: For the record, because the motion is to approve, if you vote 576 against it, you do not need to state a reason. If you vote to deny is 577 when you need to state your reasons. 578 Joann Sporleder: I understand that, Shawn, I just wanted to state why I was... 579 Tim Klusczinski: For her... 580 Shawn Peterson: So if you vote against this motion you don't have to state your 581 reasons why, but if you had entertained a motion to deny you 582 would have to. 583 Tim Klusczinski: Really? 584 Shawn Peterson: A motion to approve if it fails, does not end. You need a motion to 585 deny to pass. So as far as the rationale in the ordinance, as far as 586 stating your rationale, it's when you vote on a motion to deny, not 587 necessarily a negative motion on a motion to approve. 588 Joann Sporleder: 589 590 Shawn Peterson: 591 Joann Sporleder: 592 Tim Klusczinski: 593 594 595 596 Shawn Peterson: 597 But the same thing applies if you make a positive motion and the motion is defeated. No, that doesn't apply. You have to have a motion to deny. No, that's not right Shawn. I'll defer to counsel tonight. Motion has been made and seconded. Any other discussion? So, to clarify Shawn, you're suggesting that motions in favor or motions to deny don't require an explanation at this point? A motion has been made to approve, if that motion should fail then action has not been taken by the Commission. It's when a motion 17 598 is to deny and in approving that motion, if that succeeds then the 599 Commission has effectively denied it. Therefore, if your rationale 600 on a motion to deny is what's necessary, not necessarily a negative 601 vote on a motion to approve. 602 Tim Klusczinski: Which means also that if a motion dies then no action has been 603 taken and what are the results of that if there is not a follow up 604 motion? 605 Shawn Peterson: Then the Commission would have deemed not to take action on it 606 and within 60 days it would need to be approved. 607 Tim Klusczinski: Ok, I understand. 608 Shawn Peterson: The motion on the floor to approve has been seconded. 609 Linda Riley: They don't have to state their reason for denying? 610 Shawn Peterson: It's when you have a motion on the table to deny. 611 Tim Klusczinski: Any other discussion? Hearing none. I'll open it up for a vote. All 612 in favor? 2 ayes. Opposed? 613 Mary Jane Chase: I abstain. 614 Lynn Patrick: Nay. 615 Tim Klusczinski: Ok. Um, let's go with ... roll call. 616 Joann Sporleder: I vote in favor of the motion to approve. 617 Jerry Ujdak: I abstain. 618 Tim Klusczinski: I vote to deny. 619 Lynn Patrick: I move to deny, I vote nay. 620 Linda Riley: I vote to approve. 621 Mary Jane Chase: Mary Jane Chase abstains. 622 Shawn Peterson: Let the record show that the vote has failed for a lack of majority 623 of those present. 624 Tim Klusczinski: So, are we limited to.... 18 625 Shawn Peterson: You can entertain a motion to deny if you'd like. Or, there are 626 other options as well. You can abstain from taking action and take 627 it up at your next meeting, tabling it. You have 60 days to approve. 628 As of now, the Commission has not taken action on it. 629 Jerry Ujdak: You can refer it to Standards and Maintenance. 630 Tim Klusezinski: We have, we've been there a few times. I move to deny on the 631 basis that any recommendations by staff have not been met and 632 any of the solutions presented here tonight can not be fulfilled if 633 this C of A passes. In addition, the double sill character of the 634 replacement windows, particularly on this C of A would be in 635 place, and when it has been suggested that an alternate come 636 forward without that double sill option, this C of A must be 637 defeated before that can happen. So, I've made a motion, is there a 638 second? 639 Lynn Patrick: I'll second. 640 Shawn Peterson: Just a reminder, that at roll call, you must state your rationale as far 641 as why and to remind you that should be based on whether or not 642 something is appropriate based upon the standards; second, what 643 detriment would there be to allowing this to the overall public and 644 the impact on the structure and its significance; and finally what 645 would the impact as far as hardship to the applicant. Those are 646 your three factors to decide whether to approve or deny and you 647 must make statements as far as why you think those things are the 648 case when you make your vote to deny the application. 649 Lynn Patrick: To make those more brief, the 1-2-3 is 1. appropriateness, 2. 650 damage to the public, and 3. hardship to the petitioner. 651 Shawn Peterson: . Correct. 652 Lynn Patrick: Ok. 653 Linda Riley: Would you read.the motion again? 654 Tim Klusczinski: I'd like to replay you the tape. Shawn could you restate the motion 655 for Linda's benefit please? 656 Shawn Peterson: The motion on the table is to deny the application in question. It 657 has been seconded, so a roll call vote is appropriate at this time. 658 Joann Sporleder:. Do we have to say our findings again? 19 659 Shawn Peterson: Your rationale. If you vote in favor of a motion to deny, you must 660 state your rationale for the record. 661 Joann Sporleder: And if I vote against the motion to deny? 662 Tim Klusczinski: You're free. 663 Joann Sporleder: I vote against the motion to deny. 664 Jerry Ujdak: I still abstain. 665 Tim Klusczinski: I vote to deny on the basis that it does not reflect the guidelines for 666 the landmark as well as the district. And, it would circumvent as 667 well as prevent more appropriate solutions that have been 668 presented tonight and by staff. I'm not sure that drafty windows are 669 the issue when there's a large gap at the top sash that hasn't been 670 remedied so far so we really don't know how well the windows can 671 perform as is before we could find alternative solutions for storms. 672 Joann Sporleder: Excuse me, but you have not stated specifically what part of the 673 standards apply here. 674 Tim Klusczinski: I think that I could just call to reference everything that I read 675 during the presentation. The windows aren't deteriorated beyond 676 repair, that is a specific element that I have a problem with, but 677 that is not the only thing. 678 Lynn Patrick: We are voting on our motion to deny, so I'd like to deny so I vote 679 yay in order to deny. I vote yay to support the motion to deny. The 680 windows are not deteriorated beyond repair. These windows are 681 significant to one of THE most important houses in Chapin Park, 682 there is no damage to the public and continuing to seek a solution, 683 I don't believe what's been presented today is a solution and 684 hardship to the petitioner is minimal. You have a very large house, 685 one area with problems with the windows and it's interesting that 686 no attempt has been made to affect any repair. There's no way I 687 could in good conscious vote that these windows be replaced. 688 Linda Riley: I vote against the motion. 689 Tim Klusczinski: Mary Jane? 690 Mary Jane Chase: I abstain for two reasons; 1. the problem is that all the answers 691 were in double pane glass when I keep reading about weather 692 stripping, the drafts and we're both a little responsible here. 693 Professor Enderle is responsible for this since 2004 and now we're 20 694 in 2007 in the winter and that, to me, sounds neglectful. And we 695 have been neglectful in allowing this for to go on for this long. 696 Both of us have not done a job on those windows. Waiting three 697 years and always coming up in the winter season. 698 Lynn Patrick: So you are abstaining? 699 Mary Jane Chase: Abstaining, yes. 700 Lynn Patrick: You didn't have to give a reason. 701 Mary Jane Chase: But I wanted that down because I think that we've both let this go 702 ontoo long. 703 * Joann Sporleder: Well, Shawn then what happens? The motion again fails for lack of 704 a majority. 705 * Shawn Peterson: The Commission has not taken action at this point and you now 706 have to choose to take action at a subsequent meeting or later on 707 this meeting to take action. Or, you have 60 days per the 708 ordinance. 709 Joann Sporleder: 710 Shawn Peterson: 711 Joann Sporleder: 712 Tim Klusczinski: 713 714 Shawn Peterson: 715 . Joann Sporleder: 716 Tim Klusczinski: 717 Lynn Patrick: 718 Shawn Peterson: For future action, who brings the action? Who brings the action? As far as...? Who brings it up at the subsequent meeting? Any Commissioner can bring it up, unless we stage a particular meeting for it and announce it in advance, right? . Right. So where does that leave the petitioner? For 60 days, with air coming in. Unless he wants to repair them in kind in the meantime. At a subsequent meeting... {unintelligible} 719 Lynn Patrick: Very good. 720 Shawn Peterson: And ifs 60 days from the receipt of the application. So this 721 is... {unintelligible} 21 0 722 Lynn Patrick: Yes, it says November 71h. 723 A conversation between Commissioners, counsel and petitioner ensues about the dates of 724 future regularly scheduled meetings and the procedures for notification and consideration 725 of the petition. Counsel invited the petitioner to submit additional relevant materials 726 before future consideration and Commissioner Ujdak committed to "calling around" to 727 get the information he'd promised the petitioner. 728 Approval of Minutes: 729 Linda Riley moved to approve the minutes of October 16th without changes. Mary Jane 730 Chase seconded. The vote to approve was unanimous. 731 Location Report: 732 Mary Jane Chase submitted the report, and has not discovered any abnormalities though 733 she didn't have the opportunity to discuss the report with Director Hostetler. Per President 734 Klusczinski, the report was received as presented. 735 Correspondence: 736 None. 737 Director's Report: 738 None. Should it have been omitted, President Klusczinski will ensure that it is included in 739 the packet for next month. 740 AD Report: 741 Distributed with packet via mail. 742 Legal Counsel: 743 None. 744 President's Report: 745 Will send in next month's packet. November 26th Common Council committee and full 746 council meetings regarding Marquette landmarking were announced. Interim protection 747 has lapsed by date. 748 Landmarks: 749 No report. 750 Nominating: 751 A slate of new officers is needed for action at the December meeting. Joann Sporleder, 752 Jerry Ujdak, Mary Jane Chase, Linda Riley and Lynn Patrick were asked to compose the 753 Nominating Committee, with Joann Sporleder serving as Chair. All accepted, save Linda 754 Riley who declined. 22 755 Meeting Adjourned. 756 Attest: 757 758 759 Todd Zeiger, 760 Secretary, Historic Preservation Commission of South Bend & St. Joseph County 761 Date: VI09A 763 764 765 23 CITY OF SOUTH BEND .:STEPHEN J. L,UECKE, MAYOR OFFICE OF THE MAYOR . December 5, 2007 • Rev. Timothy Rouse, President South Bend Common Council 227 W. Jefferson Blvd. 4`h Floor, County -City Building South Bend, IN 46601 Re:Veto of Bill 61-07 Dear President Rouse: On November 25, 2007 the South Bend Common Council passed Bill 61-07 by a vote of 5 -3 - This bill, amended the zoning ordinance and established an historic landmark for the property located at 1905. College, specifically'Marquette Primary Center and the property identified, by Tax Key '# 018-21164254. The Common Council acted within its authority and best judgment. to designate this site as a landmark... However, the Board of the South Bend Community School Corporation, another elected body, has decided in its best judgment, that constructing anew building at.that site is in the best interests of students and the community. Because of their decision, the School Corporation opposed the effort to designate Marquette School and its surrounding property, as historic. I respect the processes used and the conclusions reached by both bodies. In addition, a public remonstrance was filed against the bond issue which would Tund several SBCSC projects, including construction of a new Marquette School. The results of that "vote" are not yet certified, but I believe that result should also carry weight in this decision. After much deliberation and consultation with numerous individuals, both pro and con, I have decided to veto Bi1161-07. My first.priority is that an elementary school remain at this location. Though I personally would favor renovation of the existing building, I am keenly aware that historic designation status does not guarantee that a school will remain in the building.. SBCSC can still . move forward with new construction either on this lot, or at another location.'. Because the entire parcel is designated, itmay be more difficult for the School Corp. to build on this lot. COUNTY -CITY BUILDING • 227-'W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235-9261 • FAx 574/235-9892 • TDD 574/235-5567 Rev.. Timothy Rouse, President December 5, 2007 Page In addition, past practice of the Common Council has been to seek the consent of the owner when designating a building as historic. I recognize that this is not required by Ordinance.or State law; however it has generally led to better upkeep when the owner seeks the historic status. An exception can be made for publicly owned buildings, but the owner's acceptance is important to the success of landmarking. I note with pride that the School Corp. has successfully renovated several schools in South Bend, including Jefferson, Madison and Adams. Renovation of Monroe School is part of the work to be done with the proposed bond proceeds. I iecall that when the Historic Preservation Commission sought historic-, designation for Madison School, the School Corp. did not oppose that status. They have actively opposed such designation for Marquette. I veto Bill 61-07 for the following reasons: • It designates the entire parcel as historic rather than the building and a portion of land around it. • It does not have the support of the owner. • The public remonstrance should cast the final vote in whether or not the School Corp. can build a new school at this site. As I veto this bill, I also have several requests concerning this site of the South Bend Community School Corporation. - First, please maintain and operate a quality school at this location. Second, though'I respect the process and due diligence used in choosing.to build a new school rather than renovate the existing building, I do not believe that the general public is fully convinced that this is the best choice. Also, some believe that there is new information which should be evaluated. So, I respectfully request the School Corp. to revisit the analysis of costs to renovate Marquette and to also take advantage of Bill Latoza's offer to share his experience with the Chicago School system. There is time to do this "value engineering" of the decision before the bond is approved. It may lead to the same conclusion, but residents will be assured that you have fully investigated all possible options. Third, if.a new school is constructed at the site, please have the architecture complement the neighborhood and site the building in. such a way that demolition of the existing school is not required. Finally, if a new school is constructed, please be open to alternate uses for the existing building. If a viable use is found, with financing and a feasible business plan, please cooperate with a developer to help renovation of the building to succeed. I appreciate the long hours, good intentions and difficult decisions by both the Common Council and the School Corporation Board. Thank you for your dedication and hard work. Sincerely, to he�7auecCke�6-4 S p Mayor South Bend Common Council Historic Preservation Commission Dr. Robert Zimmerman South Bend Community School Corporation Board STAFF APPROVALS THIRD CALENDAR QUARTER July 7, 2007 1067 Riverside Re -roof July 18, 2007 10491tiverside Rear bathroom vent fan July 23, 2007 626 Park Ave Re -roof July 25, 2007 840 Park Ave In-kind cedar siding replacement July 30, 2007 1168 LWW In-kind roof and soffit August 4, 2007 1204 E. Wayne N. Re -roof August 6, 2007 318 W. Navarre Reposition back steps behind fence August 9, 2007 511 Riverside Dr. August 13, 2007 425 W. No.shore August 13, 2007 128 W. No.shore August 20, 2007 531 Edgewater August 14, 2007 Leeper West August 20, 2007 1614 E. Wayne August 27, 2007 616 Park Ave. August 27, 2007: 802 Portage August 28, 2007 856 Forest August 30, 2007 1138 E. Wayne S. September 5, 2007 337 W. No.shore September 6, 2007 616 Park Ave. September 12, 2007 1212 E. Jefferson September 17, 2007 Leeper West September 17, 2007 624 Portage September 21, 2007 1303 E. Wayne 617 Park September 26, 2007 202 Hammond September 26, 2007 1212 E. Jefferson In-kind window replacement Slate roof repair in dormer Dormer re -roof In-kind windows per 10/2000 COA Tree removal per City Forester In-kind brick porch/planter repair In-kind brickleoncrete repair Re -roof In-kind Chimney replacement' In-kind fence replacement Re -roof In-kind side stoop reconstruction In-kind fence replacement Tree removal per City Forester Re -roof Tree Replacement Tree Replacement In-kind gutters and fence In-kind gutters CITY OF SOUTH BEND, ST. JOSEPH COUNTY AND THE HPC SEPTEMBER 30, 2007 ENVIRONMENTAL REVIEWS: 2002 86 2006 96 2003 94 2007 148 2004 115 2005 249 CERTIFICATE OF APPROPRIATENESS: 2005 80 CITY OF SOUTH BEND 1 ST. JOSEPH COUNTY 2006 105 3 2007 88 3 106 REVIEWS: 2006 3 CITY OF SOUTH BEND 1 1 ST. JOSEPH COUNTY 2007 3 6 INVENTORY STRUCTURES IN NATIONAL REGISTER DISTRICTS: 1,667 IN CITY OF SOUTH BEND 0 IN ST. JOSEPH COUNTY SINGLE SITE NATIONAL REGISTER LANDMARKS: 32 IN CITY OF SOUTH BEND 2 IN ST. JOSEPH COUNTY STRUCTURES IN LOCAL HISTORIC DISTRICTS: 748 IN CITY OF SOUTH BEND O IN ST. JOSEPH COUNTY LOCAL LANDMARKS: 129 IN CITY OF SOUTH BEND 73 IN ST. JOSEPH COUNTY MARQUETTE SCHOOL IN PROCESS LOST 1 114 LWW DIRECTOR'SREPORT NOVEMBER,2007 October 18-20 Cornelius O'Brien Conference in Richmond, Indiana October 23 Parks meeting with Marti Lewis concerning the Potawatomie Conservatories and Green houses Tour of Marquette School with the School Board and Members of the Common Council and Bill Latoza. October 29 Interview with WSBT on Marquette School October 30 106 Review and Support Letter for WNIT for Grant Meeting with Bonnie Strycker, Executive Director Youth Services Bureau and potential changes to holdings in the LincolnWay East LHD October 31 Department Head Healthcare Meeting with Phyllis Emmons November 1 . Submitted Out of Line transfers for approval. Began the annual CLG Reports for DHPA in Indianapolis. November 2 Attended Redevelopment Commission meeting concerning the Eddy Street Commons; Coveleski Development proposal with the City acquiring 21 additional properties for redevelopment. November 6 2 hour meeting with parks concerning the Conservatories at Potawatomie Park with Marti Lewis, Term DeRosa, Zoo Director and MatthewMoyers November 7 Completed the editing of the Survey and sent out via Overnight mail. This was an on going process that the Staff dedicated considerable time and effort to correcting and completing. Have made recommendations to DHPA for future Surveys of South Bend to be completed over a longer period of time by local people so that the inaccuracies of the past surveys can be addressed. November 8 Interview (TV) with WSBT at Marquette School. Executive Committee Meeting of the Botanical Society. November 9 Don Fozo's Retirement. November 12 Zoning and Annexation Committee Meeting on the Landmarking of Marquette School. Action tabled until November 26, 2007. . November 13 Chicora Foundations presentation on the City Cemetery. November 14 Guest Speaker on Historic Preservation for Elk's Auxiliary. HPC received a $50_00 fee which was deposited to our gift line item. November 1G Completed the CLG Reports for South Bend and St. Joseph County and sent them to Steve Kennedy at the DHPA in Indianapolis. Save the.-DdW April 2008 April 23: Historic Preservation Review Board Meeting, Indianapolis. Contact the DHPA for more information, 317/232-3494 April 27 -May 1: American Association ofMuseumsAnnual Meeting and Museum Expo, Denver, CO. www.aaxn-us.org May 2008 . I I May: National Historic Preservation Monthstatewide events. www.in.eov/dnr/historic May 30 - 31: Beginners Cemetery Preservation Workshop, Indianapolis. Contact the DBPA for more information3lV234-1268- Date TBA: CAW - Training for Historic Preservation Commission Members and Staff. For more infor- mation, contact the D]HPAat 317/232-6981. June 2008 June 19: Juneteenth, statewide events celebrating the emancipation of the enslaved. Contact your local libraryor historical.society for events in your community. June 19-22: Association for Gravestone. Studies Annual Meeting, Amherst, MA. www gravestonestudies.ore, July 7008 July 1649: League offlistoric American Theaters Annual Conference, Boston, MA, www lhat.org- July 23: Historic Preservation Review Board Meeting, Indianapolis. Contact the DIHPA for more informa- tion, 317/232-3494. August 2008 August 30: Advan6ed Cemetery Preservation Worskshop, Indianapolis. Contact the DBPAfor more information, 317/234-1268. September 2008 September. IndianaArchaeology Month, statewide events. www m.gov/dnr/historidarcheomondLhtn-A. October 2008 October 10 -11: National Underground Railroad Conference, Philadelphia. Contact the Underground Railroad Research Institute formore information. www umfi.orPJ. October l6-18: Cornelius O'Brien Conference on Historic Preservation and the Indiana Main Street Conference, Bloomington—Contact the DHPA for more information, 317/232-3494. DNRINDIANA DIVISION of Indiana I AND AMAEOLOGY J The University of Notre Dame a School of Architecture's Research r and Documentation of Historic Buildings Class ,� t�,�t si Historic Preservation Commission of South Bend „j - -•:� Sys5Q & St. Joseph County Indiana Cordially invite you to The Presentation of the ANALYSIS FOR RESTORATION �y = h St. Paul's Memorial Methodist Church ;;..�` a,,. .t:..r::;,•r..�:,�,YF. :'.a;Y�"I IllltpWll��l� arking MONDAY DECEMBER 1- j TH RINC P church, p s located behind the lease enter off of 5 s 30 �M Historic Preservation Commission La Porte Avenue. South Bend 82 St. Joseph County. Indiana Entrance is also in the rear of the building. Accessible entrance St. Paul's Memorial Methodist Church located at the front of the building 1001 W. Colfax Avenue, South Bend, IN @ La Porte and W. Colfax Avenue � 5, S1_`i @,) Ei.l.�.S l�, 1 `i..L!11..�..;�. ! 1STE J.1.� OF `s'1 1-1.I)Y UNIVERSITY OF NOTR.E DAME SCHOOL OF ARCHITECTURE Directors Report December, 2007 Marquette School, Marquette School, Marquette School...did I mention Marquette School? Many meetings and hours were devoted to the landmarking of Marquette. These included meetings with the President of the Common Council, Common Council members, representatives from the School Board and the Superintendent and then joint meetings with Common Council members, the Superintendent and HPC. I completed year-end budget review process to maximize the benefits to the HPC for equipment and technology for presentations and workshops. Wayne researched the internet for the type of equipment necessary. Continued work in support of the Conservatories at Potawatomi Park with the Botanical Society of South Bend. Applied for grant for the Conservatories and was awarded an $18,000.00 matching grant. Match is to be raised by April 1, 2008. Looking Ahead: Wayne is already putting together several workshops for 2008 including at least two on Windows and one on re -pointing and mortar. Amy is putting together the pod -cast walking tour of West Washington. Amy and Jennifer from HLFI are developing the Restore Michiana Program for March 8. Southhold Awards? Suggested Goals for HPC in 2008 The Preservation Plan The Advisory Board—needs a mission statement, direction and implementation 2009 Calendars: highlighting the downtown B&Bs. HPC will partner with B&Bs in the development and distribution. Continuation of the Six -At -Risk t Assistant Director's Report HPC Meeting —12-17-2007 ■ 2+ weeks off for recovery time from surgery. Many thanks to Director Hostetler for facilitating my working from home to extend my recovery time. ■ Attended first Restore Michiana planning meeting for 2008. ■ Attended Redevelopment Commission meeting. ■ Completed paperwork for Cornelius O'Brien grant regarding Chicora Foundation visit. ■ Contacted Code Enforcement regarding issues in Taylor's Field and with local landmark located on N. William Street. ■ Prepared November meeting minutes. ■ Met with Auditor Mike Eby. ■ Continued research on City Cemetery Trust fund. ■ Met with People's Church and roofer Mike Smith to begin roof work. ■ Prepared and mailed art appraiser Leslie Hindman information about cross piece at People's Church. ■ Met with Melanie Trowbridge of Parks Dept to continue planning for Winter Carnival- City Celebration. Visited Howard Park Ice Rink. ■ Completed and submitted Cornelius O'Brien grant application for Botanical Society of South Bend. ■ Created ND event flyer. ■ Prepared and submitted Winter newsletter. ■ Attended Common Council meeting 12/10. ■ Attended DAR luncheon 12/14 as invited guest. ■ Attended ND student's presentation on St. Paul's Memorial Methodist Church. Presentation of the Application by Georges Enderle to the Historic Preservation Commission on November 19, 2007 Introduction As you all know, my house is a beautiful building, and I feel a heavy responsibility to preserve the unique character of my house. But the windows are deteriorating severely and need repair. Since September 2006 I have been discussing=my,window problem with the Historic Preservation Commission many times and, in the process, I have learned quite, a lot about windows. Including the visits of some commissioners to my house, we.had six meetings. So today is our seventh meeting. Unfortunately, we could not find a solution so far. My application: Four Marvin replacement windows in the bay area: wood ultimate insert or wood tilt pacs with vinyl jamb liners, double hung, double pan, upgraded to Low E II with Argon gas. To be clear, my proposal concerns only the four windows in the bay area of the dining room. The replacement windows (inserts or tilt pacs) are of high quality, in wood, without aluminum clad, and double pan. Neither interior nor exterior storm windows are required. In my view, they meet the essential criteria of sustainability and authenticity to address my window problem. Why? The windows cannot "restored in-situ" as the staff report says. Rather, they have to be take out, repaired in another location while the dining room is exposed to bad weather, and then moved in again. There are three options we have examined in our discussions. However, none of them is acceptable. First option: To install a second ulass on the existing restored single pan windows. This is not possible because the size of my windows is too big and the strength of the windows would be impaired severely. Second option: Interior storm windows could be installed, technically speaking. But this decision is at the discretion of the occupant and I do not want interior storm windows. Because they substantially impair the aesthetics of the dining room and need to be removed and reinstalled in spring and fall respectively, hence reducing my quality of life. Third option: Exterior storm windows. But they are technically not feasible in the bay area. Moreover, they would harm the current historic aesthetics of the exterior of this area. Furthermore, my house never had exterior storm windows. How then could the Historic Preservation Commission require installing something new that is alien to my historic house? Because none of these three options is acceptable and no other proposal was offered by the Commission (see my letter of November 6 to Mrs. Hostetler answering her letter of October 24), I cannot but ask for the proposal of four Marvin replacement windows as wood ultimate inserts or wood tilt pacs. /H MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY December 17, 2007 13`h Floor Conference Room County — City Building, South Bend, Indiana Members Present: Joann Sporleder, Timothy Klusczinski, Mary Jane Chase, Lynn Patrick, Linda Riley (late arrival), Jerry Ujdak, Todd Zeiger Members Absent: None Staff Present: Catherine Hostetler, Amy Herdman, Shawn Peterson Also Present: Don Sporleder, Kevin Wilson CALL TO ORDER, ROLL CALL: President Tim Klusczinski called to order at 7:05 pm I. PUBLIC HEARING Application Number: 2007-1120A Property Location: 1344 E. Wayne Street South Property Owner: Kevin Wilson Landmark or District Designation: East Wayne Street LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This 1925 Colonial Revival house was built by Whitcomb and Keller and sold to Ruth and Anton W. Peterson in 1927. Mr. Peterson was president of Peterson Battery and Ignition Company located at 321-325 Lafayette. Mrs. Peterson was a nurse and director of the Nurse's Registry for St. Joseph County. This house had eight additional owners before it was purchased in 1995 by Kevin Wilson APPLICATION ITEMS: To demolish non -original 2'/2 car garage and replace with new 3 car garage tying in with existing concrete slab. The garage will be built in a style and with materials to compliment the house. Please see attached drawings and site plan. STANDARDS FOR EAST WAYNE STREET: III NEW CONSTRUCTION, C. SHED AND ACCESSORY BUILDINGS: Accessory buildings are those structures that serve a specific subordinate function to the residence. These include garages, carports and storage sheds. All of the accessory buildings are located in the rear yard. Most of the garages were designed in an architectural style related to the residence and were constructed at the same time as the residence. REQUIRED: Accessory buildings shall be located at the rear of the property and as unobtrusively as possible while preserving historical relationships between 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. RECOMMENDATION: Staff recommends approval. The proposed garage will replace a non - original structure. It will be in a style and scale to the house and located at the rear of the property and not visible from the street. Klusczinski: Did you have an opportunity to sign in? Ok. Please pull up a chair closer hereto get you closer to the mic. And if you would also state your name and address for the record. Wilson: Yes, thank you. Kevin Wilson, 1344 E Wayne Street South, South Bend. Klusczinski: Would you care to make a briefpresentation on your C ofA? Wilson: As Mrs. Hostetler pointed out, I was proposing to demolish the existing 21/2 car garage and replace it with a new 3 car garage in the style matching as close as I can to the home. Again, it is back off of the, from the visibility from the street, but I will make it as attractive and like the home as I possibly can. I love my home. Klusezinski: Thank you. Any Commissioners with questions for the petitioner? Ujdak: Yes, the entrance to the garage will be way of driveway? Wilson: Yes. It's actually a vacated alley that's just pea gravel. That is a shared drive for myself and my neighbor to the west of me. 'Ujdak: Oh, okso it doesn't come offfrom the street? Wilson: Yes, it does, well no... the garage is back, but yes to enter it's.... Ujdak: Really from the back? Wilson: No, there is no entrance from the back. You have to enter from the front, from East Wayne Street, yes. Ujdak: And the driveway is where then? Wilson: It's to the west of my lot, yes. At the top, yes. (gesturing to diagram) Klusezinski: Let the record reflect that Linda Riley has joined us mid -session. Todd you had a question? Zeiger: Yeah, just a couple quick questions, just to verify, I'm sorry I couldn't see it very clearly, so the dashed lines 'on the survey... these dashed lines are your driveway then? Wilson: Yes, and with this you can kind of see where the street lies here. Yes and here's the existing... Zeiger: So the extra 10 ft is going to come this way towards the house? Wilson: No, it's going to come this way towards the back. There's a vacated alley behind the property, 7ft I own, 7ft the gentleman behind me owns, and we've already worked out the agreement that I will purchase that vacated half of the alley. Zeiger: So there's 14 (ft) and you'll take 10 of it? Wilson: Yes, which gives me a little room to go that way. The backyard is so small... Zeiger: Yes, that's what I was asking. Also can you clarify what are going to be the finish materials on the outside? I didn't, or I missed that. Chase: I didn't see that either. Zeiger: What's the finish material going to be, and what's the finish material on the house? Wilson: It's a cedar shake on the home, it was actually aluminum sided when I purchased it, and a number of years ago I decided to take the siding off and when I saw the cedar shake it was very nice. It certainly took some work and expense to repair it and paint it, and obviously there will be maintenance over years but it was very nice and I'd like to keep that look to the house. I've been complimented on the home over the number of years. I did bring an estimate from my contractor showing the application of siding, vinyl siding, the cedar shake simulated siding, the cement siding, and the clapboards. I'm afraid that I don't have enough copies for everyone, but I do have some copies. Obviously, expense is only going to allow me certain choices, I would like to side it with a nice vinyl, in the same color as the home... Ujdak: But a cedar shake, a shake shape? Wilson: No, if you'll look at the pricing, it's almost double the cost and that would be prohibitive for me to simulate that appearance. Again, it is set back off the street where it wouldn't be visible by any passerby. I can't afford to spend double the price to have that done, and I would like to use a very nice vinyl in the same color, to do as best that I can to replicate the home. Riley: Kevin, was there any objection about this from your neighbor to the west about this easement? Wilson: No, there was not. Riley: She got a notice about it? Wilson: Yes she did. Riley: Did you ever talk to her about it? 2 Wilson: I mentioned it to her boyfriend and so far, and I know that it's really the mother that owns the home. I hardly ever meet her mother or her father, but when I've spoken to them in the past and told them that I was planning to build a garage they said that it was fine. So, I haven't heard anything, but then sometimes you don't hear anything as you know. Uj dak: What's the current garage siding? Wilson: I believe its clapboard. Sporleder: So which one of these sidings were you going to use? Wilson: I was probably going to choose the $3700.00 estimate because the reveal is Sin rather than 4, and again I'd like the color to match the color of the home. Sporleder: So it will look like siding, it won't look like shakes? Wilson: No, it won't look like cedar shakes, no. Sporleder: With the regular horizontal... Wilson: Well actually the shakes have that same appearance too, its just the grain look... Sporleder: Uh huh, and this does not have that grained look. Wilson: No. Sporleder: I had another question. I wanted to pickup on what Todd said on the location in the back. So, the doors in the picture are where, on which side? Wilson: Currently, it is on the west, there's a double door here, and that won't change, the only difference will be that this will be extended '1 Ofback and there will be a 2 car garage door here and a single here. Everything else will be the same. Sporleder: And there's enough room for pulling out and turning around? Wilson: Yes, there is. Sporleder: The other question that I was going to have was that, that you're going to purchase this, relative to the set back requirements of the city. Wilson: Yes, I have variances that I'll discuss this week, and the variance that I have here is to be a foot from the property line here and I have plenty of room here, but then again I'll be a foot from this corner, and I'll be fine here. Sporleder: That looks quite tight. Wilson: Right, but once I get his 7 ft, I have my 7 ft. and I only really need 10 of that. I'll be fine. Klusezinski: Any other questions for the petitioner? Hearing none. We move to . Commission discussion. Any comments or discussion? Riley: Are we deciding on the material that he's going to use? Sporleder: Here, pass this down to Linda please. Riley: We have one here. Zeiger: My only comment, what I was trying to get at, was some of the detailing, and maybe we should have asked it, but the devil is always in the details. I was just wondering about the trim on your house, does it have corner boards or does the cedar come right up to the corners? Wilson: No, and I did want to make sure that windows had the same, whatever types of panes that is... Riley: The mullions. Wilson: Is that what they're called? Where instead ofjust a window it looks nice with little squares cut out. Anything that I can do to replicate the home, I would certainly do. There's only going to be two windows in the garage, but.... Zeiger: That was my only comment. Riley: What about, I mean do we determine the siding that he's going to use? We approve that? Wilson: I was going to use, not the least, but the next more expensive- the double S inch. Riley: Vinyl siding? Wilson: Yes, the double S inch, which is a little more expensive than the 4in and will better replicate the appearance of the home as it's a little wider. Klusczinski: And would you be willing to amend your C ofA at this time with that particular detail? Wilson: Yes, I'd like to. I will be able to do that siding. Klusczinski: Just to give us something concrete to consider. Wilson: Thank you, yes. Klusczinski: Any other discussion? Moving on to public hearing. Is there anyone that wishes to speak in support of the petition? Hearing none, seeing none. Is there any member of the public wishing to speak in opposition? Also hearing none and seeing none, the chair closes public hearing. Any final comments? Wilson: I thank you for time, and hope that I can create a beautiful addition to my home. Klusczinksi : The chair will entertain a motion. Chase: I'll make a motion that we accept 2007-1128 as amended to stipulate that the siding will be the S inch profile. Riley: Second. Klusczinski: Motion has been made and seconded, any other questions? Moved: Chase . Second: Riley To approve C of A 2007-1128 Approved Unanimously As amended (with consent of petitioner) Application Number 2007-1107 Property Location: 710 Park Avenue Property Owner: Georges Enderle Landmark or District Designation: Chapin Park LHD, CPNRD, Local Landmark Rating: Outstanding This C of A was heard at previous meeting (11/19/2007) but no final action was taken. Due to a previous obligation out of the country, the petitioner was not able to be present at this meeting. HPC Legal Counsel, Shawn Peterson, was contacted via email by Attorney Robert E. Rodes, representing the petitioner. The petitioner, via Mr. Rodes, requested a continuance of this matter. Commissioners discussed the merits of a continuance, including whether or not a modification suggested conversationally at the previous meeting of the HPC (see Minutes 11/19/2007) had the consent of the petitioner, i.e....if the petitioner was amenable to modifying his petition as briefly mentioned during the meeting, is it even necessary to continue 2007-1107, or should it be modified to reflect the suggested change. It was determined that the petitioner had not been formally asked to consent to the modification at the meeting of 11/19/2007, nor was the petitioner nor his counsel present at this meeting to consent, therefore consideration of a continuance of 2007-1107 is appropriate. , Moved: Ujdak Second: Sporleder To Continue 2007-1107 Approved 5-2 Klusczinski, Patrick dissenting C of A 2007-1107 is continued until the regularly scheduled meeting of the HPC on January 28, 2007 (a week later than usual due to MLK holiday) at 7:00 p.m., 13"' floor, County City Building. Any modifications, changes, or addendums to C of A 2007-1107 must be received by staff at or before 12 NOON ON JANUARY 17TH, 2008. B. LANDMARKS — None. II. REGULAR BUSINESS A. APPROVAL OF MINUTES November 19, 2007 With the corrections pointed out by Commissioner Sporleder. Moved: Ujdak Second: Chase Approved Unanimously rd B. TREASURER'S REPORT Accepted into the record as presented. C. STAFF REPORTS 1. Correspondence Two thank you notes were shared with Commissioners. 2. Director — Catherine Hostetler Distributed to Commission. 3. Assistant Director — Amy Herdman Distributed to Commission. 4. Legal Counsel — Shawn Peterson None. D. COMMITTEE REPORTS 1. President's Report — Tim Klusczinski President Klusczinski reports that he's often approached and asked if in fact Marquette is "safe?". The short answer is that for now it is, and President Klusczinski wishes to thank and congratulate all of those on the HPC, or affiliated with the HPC who contributed to this effort. President Klusczinski reviewed the most recent developments in the effort: Common Council votes 5-3 to designate Marquette a historic landmark on November 26, 2007, Mayor Luecke issues a letter to Common Council on December 5, 2007 detailing his intent to veto the landmark status and enumerating his rationale, by a 6-3 vote on December 10, 2007 Common Council nullified the Mayor's veto per the legal opinion submitted to them by their appointed counsel; and so for now, Marquette is "safe". President Klusczinski and Director Hostetler participated in a meeting with the SBCSC and members of Common Council to attempt compromise on this matter. During those meetings it was suggested that non-contributing additions at Marquette could be removed, as well as the deteriorating chimney, as a measure of compromise and progress. Despite that, and despite the mayor's directive (in the text of his veto explanation) to revisit the option of renovation and to perform more extensive "value engineering" before the bond is considered in February, SBCSC continues to pursue new construction exclusively. President Klusczinski also wished everyone very happy holidays. 2. Nominating Committee — Joann Sporleder, Chair Chairwoman Sporleder reported that the Nominating Committee met on Tuesday December 4`t' at 12N. Commissioners Sporleder, Chase, and Patrick were in attendance. The following slate of officers is presented by the committee: Tim Klusczinski, President, Lynn Patrick, Vice President, Mary Jane Chase, Treasurer, Jerry Ujdak, Secretary. Moved: Sporleder Second: Zeiger To elect 2008 officers as presented. Approved Unanimously III. OLD BUSINESS Advisory Board — VP Patrick was asked about progress in contacting and meeting with those that had accepted a seat on the Advisory Board (as discussed at the 10/15/07 meeting of the HPC). VP Patrick has only been able to contact 2 out of approximately 18 that accepted and agreed to serve on the Advisory Board. VP Patrick is aware of an interested -candidate for the soon -to -be -vacant Architectural Historian seat on the Commission. IV. NEW BUSINESS V. HEARING OF VISITORS Don Sporleder was recognized and wished everyone a Merry Christmas. 5 fTIYA 268 ADJOURNMENT 8:28 pm 269 Moved: Riley Second: 0 i _ Approved: 1 Attest: 2 273 274 Jerr}'Ujdak/ 275 Secretary, Historic reservation Commission of South Bend & St. Joseph County Patrick Unanimously Date RI SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION DECEMBER 17, 2007 MEETING GUESTS: PLEASE SIGN THIS LIST SO THAT YOUR PRESENCE CAN BE NOTED FOR OUR MINUTES Print Name Address Signature