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July 2008
1111111 _....., -- - `�MM15510NFg9 AGENDA OF THE JULY 2I9 2008 ;o 0 COMMISSION MEETING , m o� Regular Meeting THIRTEETH FLOOR- ROOM 1308 County -City Building MONDAY, July 21,2008 7:OOPM I. CALL TO ORDER, ROLL CALL II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. 625 LWE COA#2008-0606 Edgewater LHD 2. 521 River Ave. COA #2008-0703 Edgewater LHD 3. 1158 LWE COA#2008-0707B LWE LHD 4. 805 Bronson COA#2008-0708 Edgewater LHD 5. 16021 Cleveland Road COA#2008-0710 Local Landmark 6. 221 East Navarre COA#2008-0715A River Bend B. LANDMARKS 1. 234 S. Coquillard III. REGULAR BUSINESS A. APPROVAL OF MINUTES May 23, 2008 June 16, 2008 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: y 1. President's Report IV. OLD BUSINESS V. NEW BUSINESS VI. HEARING OF VISITORS AND ADJOURNMENT STAFF REPORT CONCERNING APPLICATION. FOR A CERTIFICATE OF APPROPRIATENESS Date: July 9, 2008 Application Number: 2008-0606 Property Location: 631 LWE and 625 LWE Property Owner: Verl Sheets and Eve M. Pierce as, Trustee of Eva M. Pierce Rev. Trust Landmark or District Designation: Edgewater Rating: non-contributing and a vacant lot STATEMENT OF SIGNIFICANCE/ 11STORIC CONTEXT: The house was built in 1900 by George F. Geyer who owned it until his death in 1930 when it was inherited by Mattie Geyer Gardner. The Geyer family had been using the house as a rental since 1921. Dean Gardner, Mattie's, husband, sold the house in 1948 to Charlotte Jacobs. It was the Jacobs family who _constructed the commercial addition on the front of the house around 1955 APPLICATION ITEMS: Install wood fence for property security and appearance. The front being at the set back of.621 LWE. (Exhibit A) EDGEWATER PLACE STANDARDS AND GUIDELINES: I. THE ENVIORNMENT B. Building site, Landscaping and Accessories: Recommended: New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and newspapers. New site work should be appropriate to existing surrounding site elements in scale, type and appearance. Plant materials and trees in close proximity to the buildings that are causing deterioration to the building's historic fabric should be removed. Prohibited: No changes may be made to the appearance of the site by removing old plants, trees, fencing, walkways, outbuildings and other site elements before evaluating their importance to the property's history and development. Front yard areas shall not be transformed into parking lots not paved nor blacktopped. Fronts yard areas shall not be fenced, with the exception of properties along LincolnWay, which may be fenced, but not with enclosed stockade -type fencing. RECOMMENDATION: The fence will be wood stockade fencing along the rear and side of the property and chain link across the front and other side of the property to match current fencing applications. Staff recommends approval. (Exhibit B.) 06/03/2008 10:36 5742359578 HPC SOUTH BEND Application - FOR - Certificate of A.p"priateness f3istade Prower, vation Commission of South Benet do St. Joseph County 125 S. I-Skefte Bk&, South Bend, Indj=a 46601 Mailing Addx+ess: Oa .. City a3uQduag, South Bend, Indiana 466M Phone: $74.235.9798 • F=574-2&5-9578 a Broad: SMCWC@mst-josepkin.us st-joseph.in.us Webeite: http-!/www.djosephaauntyntdmna *DmtMchp/ PAGE 02 A C.ertiBed Local +;.. F, „,„,i UFl10E U$E ONLY 00 NOT COME= ANY EMM 00TWALMD M TlMM "—;,, UF; CE USE ONLY Date Received G 5i-� 'Zoo8 Application Number Past Review . © YES (vw gfLow P,.K„) ONO Staff Approval authodred by: 31de: Historic C m mimion Review ]Date: .2/ ❑ Local T.amdnwk 0 Lost Historic Disttict tivame) M National Landmaxk ❑ National, Register District None) Certificate of Appropriateness: Denied El 'fabled El Sent To Committee C] Approved and Issued Address of property for proposed worla tv�) L%nCokn (xA%.A E;>r" Stmt Nl.R , cod Shut Mame Name of ftperiy Owoer(s): (plmw print) Avrk c,;V%Pe"[ Address of Propertyownerw: L_,*55 UY POWN 1A -Y -NU 9 -A -z,4 Contracts 0s) Name: Contract Company Name: Contractor Address: City: Phone: DATE Cun "t Use of Build%V M'[nP.,rc' ,A\ (Slagle Family - Mu16-JR01 ly - Commrmal - Gwxrrmmt - Industrial, - vacM - enc.) Type of Building Constrmetion: i penr ,fes (yWsod Frame -Back -:+MRe -Star -Concre6! - t]titt� Proposed Work: [j Itt-hind M Landscape E]New o Replacement (Rot .-ktnd) ©Demolition (mo►r tl�n orre bos may beelrakca) e� De�Ption of Proposed Work:-UlSk�k1 IL 1rerXP 4 o -C prq ' � �ti1c l S� 249 -Ar tt - and/or sisutum of Contractor �i)� �1��XSAR£LTSONRfiV,�S,ESJb�E — { Tai 3, �`1z~�� " r''� i! rY+y� r t iw ,: r� `'a+ T`y �s,:;rw•$�Y +,4 � ;f� 'e%4•r!?�i # ',Y. x = ,_ �r_i." 4�9 a x jjryry ;,YxYj(y� # fist IlT'i$�irJX,r� j; r z T-. Y s >,, � ._ fi r � r � trt R ,�q ,�f ,-y.i y _ ;�,K •. Eli I J �'�, � 's'.fid .+- .,�.'' . " 'i�x _' s =.c„a� -. _ {� A• � .a`Y� ;' Y S,c. 1%J z'" 4 N' .,.°� rte. 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ME • `�> � jr�.y..,rt.-,,rad` -' .i .. •• x x t � a z i, -Ar STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: July 9, 2008 Application Number: 2008-0703 Property Location:- 521 River Property Owner: Neal Nowak Landmark or District Designation: Edgewater LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This American Four Square was constructed in 1920 for Frank and Glenna Jefferies. They sold the house in 1922 to Abraham I. Simon, owner and operator of Simon & Simon Co., grocery stores through out the South Bend area. APPLICATION ITEMS: Erect a single stall detached garage per attached, sided with vinyl or T111 siding, to compliment house. Exhibit A EDGEWATER PLACE STANDARDS: III. NEW CONSTRUCTION A. Height and Proportion: Recommended: Contemporary designs should be compatible in character and mood to the building or neighborhood. RECOMMENDATION: Staff recommends approval. The 16x24x8 single stall garage resembles the garages in the neighborhood and will be in approximately the same location as the original. Exhibit B Menards.com - Featured Garage Page 1 of 1 Menards, * Promotions v Store Service . Gift Center v Credit Programs . Careers Featured Projects -1 Car Gable i Back to Browsing This can be your new garage for $3,202.00 (approx price per material lists) Featured Garages ► ;This building features construction lumber, pre- " Car assembled trusses set at 24" on center, 2x4 walls 16" 2 Car on center, one 9'x7' garage door, one entry door, nails & fasteners. 3 or More Cars Specialty SPECIFICATIONS x Total Area: 384 sq.ft Plan: 1950939 = Package includes: ■ Treated sill plate ■ Siding click to enlarge ■ Roof Sheathing ■ Garage Door(s) ■ Service Door(s) ■ Shingles ■ Nails & Fasteners ■ Plan Different siding options and sizes are available. For more information or to design your own building on our Design -It Center®, visit a Menards' building material department nearest you. Store Locator "'You may buy all the materials or any part at low cash and carry prices. Because of the Wide variables in codes, Menards cannot guarantee the material list will meet your code requirements. These am suggested designs and material lists only. Some items may vary from those pictured. We do not guarantee the completeness or prices of these garages. Labor, concrete floor/foundation, steel beams, paint, electrical, heating, plumbing and delivery not included. Please inquire at the building materials desk. Some special order truss sizes must be jobsite delivered. Delivery is extra. tore Locator ® Looking fora or Enter your ZIP code Store Order Lookup ® dream ' • • Find It or Enter order number home? Check out ;*^ -/ • lookup Featured Homes Home I Credit Programs I Featured Projects I Rebate Coupons I Guest Services I Gift Card I Careers Return Policy I Store Order Lookup I Store Locator I Weekly Ad I Privacy I Security I Terms of Use s Copyright © 2004-2008 Menard, inc a ti m a A http://www.menards.com/featuredProjects.do?sortBy=title&paged&type=l Car&dispatch... 7/3/2008 oma Simon & Philip Oestreicher House Port 141-597-56771 6. Address 7. City 8. Quad Name 521 River Ave. South Bend. IN. 46618 Soiith Ben,d.:.Ea st INDIANA HISTORIC SITES AND STRUCTURES INVENTORY ' State of Indiana Department of Natural Resources State Form 16822/Revised 1987 �t-XHIBIT- B 9. Common Name I i 10. Visible11. `' Endangered Explain I JJ,oydr Rodgers -' ' ' `� ' `+ CRYes []No ❑Yes p No 12.15wnership Owner's Address (if different) ❑ Public CBPrivate 13. Use Present Past 14. Category 15. Surveys / Legal Protections 16. Location Notes/ Legal Description 17. Condition 18. Integrity Residence ® Ei ® Building(s) Edgewater Place local Historic District Edgewater P1. Add. Lot 58 ❑ Excellent ❑ Good ❑ Unaltered Altered Major Commercial ❑ ❑ Z District ❑ Fair ;f7 ❑ Moved ❑ ❑ ❑ Site ❑ ❑ ❑ Structure (1980) 18-3039-1503 ER. Deteriorated Date moved ❑ Oblect ❑ Ruins 19. Time Period(s) 20. Style(s) 21. Architect / Builder c. 1920 Meri can Foursquare Whitcomb & Keller 22. SPECIFY ALTERATIONS Removals Replacement concrete porch steps Additions Other I (Alum. st. door & windows I Asbestos siding 23. DESCRIPTION 24. SITE PLAN Stories two (Plan Square Chim: one offcenter, brick Foundation concrete block i Walls Asbestos shingles 77 (Roof Hip Whip roof dormer; asphalt-shingl6 Porches Open Dorch; square posts; walls covered w/asbestos shingles (Openings sindle leaf Double hung, 1/1; aluminum, Interior. IGrounds IOutbuildings 1 car, clapboard, side gable garage. 1 I25. No. of Contributing Resources 2 I26. No. of Non-contributing Resources 0 27. Environment Residential �t-XHIBIT- B STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: July 9, 2008 Application Number: 2008-0707B Property Location: 1158 LincolnWay East Property Owner: Michael Pfeil Landmark or District Designation: LincolnWay East LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The 1923 Bungalow was designed by G.T Nethercutt for wither Mrs. Martha G. Loughman or her daughter, Edith Miller. Martha G. Loughman was the widow of George Loughman who was active in local Republican politics as a Councilman for the 5th ward between 1879-1881, Mayor of South Bend between 1884 and 1886 and County Auditor in 1894. The residence remained in the Miller family until 1962 when it was sold to Ida and Fred Auer. The current owner is Mr. Michael Pfeil. APPLICATION ITEMS: Installation of new single stall garage on existing concrete foundation. Exhibit A. and Exhibit B. LINCOLNWAY EAST STANDARDS AND GUIDELINES: III. New Construction C. Shed and Accessory Buildings: Recommended: Accessory building designs should be compatible in character and mood to the residence and the neighborhood. RECOMMENDATION: The staff recommends approval. The garage will be located in the original garage's location and is compatible in scale and style to that of the house. Application - FOR - Certificate of Appropriateness Historic Preservation Commission of South Bend & St Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 Mailing Address: County -City Building, South Bend, Indiana 46601 Phone: 574-235-9798 • Fax: 574-235-9578 • Email: SBSJCHPC@co.st josephinus Website: http://www.sgosephcountyindiana.com/s dip/index.htinl OFFICE USE ONLY »»» DO NOT COMPLETE ANY ENTRIES CONRINED IN THIS BOX >>>>>> OFFICE USE ONLY Date Received % Application Number a C 6-.,? Past Reviews: [Z/YES (Date of Last Review) 13-1'3 - 20 C 7 NO Staff Approval authorized by: Historic Commission Review Date: 2.1 U ;L00 8 Local Landmark L,�'l:ocal Historic District (Name) ❑ National Landmark ❑ National Register District (Name) Title: Certificate of Appropriateness: Denied ❑ Tabled E] Sent To Committee ❑ Approved and Issued DATE Address of Property for proposed work: Street N4)b r and Street Name Name of Property Owner(s): (Please Print) ,M ` `'�r'�- ` ''� Address of Property Owner(s): Z� 3 4 ' `l``"�� �- t) 317 q �6 77 Contractor(s) Name: t3 w `^ t:. �- Contract Company Name: Contractor Address: City: ,Phone: Current Use of Building: �` �"" ) (Single Family — Muh mily — Commercial — Government — Industrial — Vacant — etc.) Type of Building Construction: UJ O'A P`r e.. e-, (Wood Frame — Brick — State — Steel — Concrete — Other) Proposed Work: ❑ In-kind n Landscape ® New ❑ Replacement (not in-kind) [:] Demolition (more than one box may be checkaf) Description of Proposed Work: 'T-1 �`S t -C. �� C' �'1J Ut f ✓1 C �� ii C+N Owner/Contractor: Fax: e-mail (Thu of jceI car with}�dy ne ccignee) �J and/or — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — i Mign # 52094 Take this sheet to the Building Materials counter to purchase your materials. 71112008 YT have selected a Garage with: 10' Wide X 20' Deep X 8' High Gable roof w15112 pitch trusses 2' O.C. 2x4 Wall Framing Material 12" gable/12" eave overhangs 7116" OSB Wail Sheathing Johns Manville Prowrap 7116" OSB Roof Sheathing' The options you have selected are: 15 LB Roof Felt _ C, C, C, Sandstone Beige Mainstreet Vinyl Double 4" Dutch -Lap Siding 30 yr. Superglass, Forest Green Shingles Duraflo Shed Skylight White Vinyl Soffit & Fascia White Premium Roof Edge Sandstone Vinyl Overhead Door Jamb I - Garage Door Opener Front View �w. Back Viev1 l i Today's cost for materials estimated in this design: $2,420.54 'The base price includes: o" EaveV Gable Overhangs, Framing Materials, *(BASE price): $1,153.00 111 hoof Sheathing, 20 yr. Fiberglass Classt - Onyx Black Shingles, P'u►=, Galvan¢ed Regular Roof Edge, 8" Textured Vertical Hardboard Siding, No Service Doors, No overhead Doors, No Windows, or Any Other Options. All information on this fort, other than price, has been provided by guest and Menards is not responsible for any errors in the information on this estimate, including but not limited to quantity, dimension and quality. Please examine this estmte carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE, THAT THE MATERIALS LISTED ARE SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE GUEST. BECAUSE OF THE VgDE VARIATIONS IN CODES, THERE ARE NO REPRESENTATIONS THAT THE MATERIALS LISTED HEREIN MEET YOUR CODE REQUIREMENTS. 4w, 44 m m �t . , , ..,�, ,yam, .<•-a.:`,.,m'`.. � e` � , _'.�. _ .�: ~.. ;�,a" +2 r "P4 .=xS v -3 ae ` r ^L�y-�� >r. "3m�a'•""t�'. 6f 4 No owl low - ail AMC W1, AS ',�R 'E�, �.. �,:'.��.dro. m'.°-k,,y�<, v+>;".�., o�m�"i�.aa+'� A<'�, �F„ �",•r ��,:. ,> c�y...�w Sep Mow, .: ..o Y: '�t: � `*a">',`� ': •.>. � �a� .r ., �.s. �'a �' "�.s' � . ��,�° z v-n'mgpv . WK'�k°„ a w F�;=s'i�`> ..`a�y"ux x'y: s, � T: �� yd "�;.>'• �y ��,,,.ew '�ffii�r m p �a� ��P �^`. �"' s..„ , ny� "i 1. rq�^P: ^ffi • •6e;e�.a+mab!p�ngw��, '>p? s `•per "'�A >�... et»Y'• ,x�,. aY,u^ nHI�^ <«,>4'^ �? s� STAFF, REPORT CONCERNING PPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: July 9, 2008 Application Number: 2008-0708 Property Location: 805 Bronson Property Owner: Elizabeth and Ron Farr Landmark or District Designation: Edgewater_ Place LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This 1912 Free Classic was built by Whitcomb and Keller Corporation as a rental and sold to Ralph and Bernice Heick in 1921. They sold the house a year later to Joseph Heick but they continued to live in the house until 1938. Eventually the property fell into the hands of the Home Owners Loan Company who sold it to Clarence. Thomas in 1942. Mr. Thomas was a private truck owner for the Brodbeck Trucking Company. It was sold to Henry and Marie Sloan in 1944. The Sloans owned the Rino Bar. APPLICATION ITEMS: Install new concrete ramp for handicap accessibility. Location -east side of House per drawing submitted. Exhibit A EDGEWATER PLACE STANDARDS, D. Entrances, Porches and Steps: The majority of the houses in the district have either an open or an enclosed porch across the front or on the side. Most porches have either gabled or hipped roofs or are covered by the main roof of the house. A brick base with wood columns is common. Required: Existing or original porches and steps, including handrails, balusters, columns, brackets... shall be retained or replaced with replicas....Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. RECOMMENDATION: The side porch at 805 Bronson is located less than four feet from the property line and the neighbor's picket fence. The pipe railing is not original to the house, The owner proposes a solid concrete ramp with railings along the entire side of the house to the sidewalk for handicapped accessibility along this narrow and difficult to maintain space. Exhibit B,Staff recommends approval. e Application - FOR - Certificate of Appropriateness Historic Preservation Commission of South Bend & St. Joseph County 125 S. Lafayette Blvd., South Bend, Indiana 46601 Mailing Address: County -City 11-41A C" South Bend, Indiana 46601 Phone: 574-235-9798 - Pax: 574235-9578 - Email- SBSJCHPCaOco.st joseph.inus Website: http://www.sgosephcountyindiana.com/sjchp/itidexlitnil OFFICE USE ONLY »»» DO NOT COMILEIE ANY ENTRIES COiV711INED IN 1TIIS BOX »»» OFFICE USE ONLY Date Received 8� oZ 40�' Application Number _4_0 Past Reviews: ❑ YES (Date of Inst Review) Ej NO Staff Approval authorized by: Title: Historic Commission Review Date: 02! oZ00 8 Local Landmark Pq Local Historic District (Name) National Landmark E] National Register District (Name) Certificate of Appropriateness: Denied ❑ Tabled n Sent To Committee n Approved and Issued DATE Address of Property for proposed work: Street Number and Street Name Name of Property Owner(s): (Please Print) S R a h S o ✓1 Address of Property Owner(s): -1 \A o h Contractor(s) Name: Contract Company Name: Contractor Address: City: Phone: Current Use of Building: �G I�I l (5ingl`M1^ i P iiiy — Multi -Family — Comnfercial — Government — Industrial — Vacant — etc.) Type of Building Construction: `^^ 'e (Wood France - Brick - Stone - Steel - Concrete - Other) Proposed Work: M In-kind ❑ Landscape ANew Fj Replacement (not in-kind) n Demolition (more than one box may be checked) Description of Proposed Work: e xi J S V - (L -&'e_ P XV -"%_S %b w�i 4�e-A Owner/Contractor: Fax: D e-mail (This`of fico will correspond with only one cppiesigru and/or — APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE — I kl -172�7 lab-- . STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: July 10, 2008 Application Number: 2008-0710 Property Location: 16021 Cleveland Road Property Owner: Burnett C. Bauer Trust, B. Patrick Bauer, Trustee Landmark or District Designation: Landmark Rating: Outstanding STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The Daniel Ward House is an Italianate built in 1865 and is significant in that the farmhouse is situated in a farmyard surrounded by a series of outbuildings: milk house, pump room, dairy barn (no longer extant 7/2008) and chicken coop. The clapboard Italianate Farmhouse sits on a brick and stone foundation and is topped with a glass enclosed monitor or "widows -walk" bracketed eaves and a veranda with ginger breading. Daniel Ward of the Ward Family of Pioneers left for California in 1849 with the Argonauts of '49 to seek his fortune in the gold rush. He returned in 1851 with a small fortune, purchased the farm with his father, then married Martha E. Martin in 1852, built their home in 1865 and resided there until 1891. The house and its outbuildings and 7.94 acres of land were designated as St. Joseph County Local Landmarks in 1980 and the house was listed on the Indiana State Register of Historic Sites and Structures in 1988. APPLICATION ITEMS: The letter from the trustee is 'requesting the following: to move the Daniel Ward Home from its current location (Exhibit A) to a new site immediately to the north (Exhibit B.) and for the Commission to "consider relinquishing the historic site designation for the 260'x1320' parcel". "B" LOCAL LANDMARK STANDARDS: E. Moving: The moving of landmarks is discouraged, however moving is preferable to demolition. When moving is necessary the owner of the landmark must apply to the Commission for a Certificate of Appropriateness. RECOMMENDATION: _ The Staff recommends approval of the move as the new site is sympathetic to the historic placement of the house and its preservation. However, this recommendation is contingent on the moving and/or reconstruction of the buildings from the farm yard that were also landmarked. (Exhibit CZ. There is a precedent for releasing landmark designation of the land in the decision of the Commission on May 21, 2001 (Exhibit D) for land included in the landmarking of 14297 State Road 23. JUL-10-2008 1.19EM GRUBB & ECUS NO. 8160 P. 3 Historic Preservation Commission The Burnett C. Dmicr Trust with B. Patrick Bauer as Trustee, ovnis the property at the northwest aoraerr of Cleveland Road/State Road 23 and Gurnwood in Granger, Indiarxa. Over 20 years ago, they petitioned to have the historic home at 16021 Cleveland Road and the site containing approximately 260' frontage ou Cleveland Road/Staw Road 23 by 1326' frontage on Gurnwood declamd a historical structure and historic site. Some 25 years later we have seers significant commercial developmmt: ofthe immediate area and continued traffic and development. eneroarWnS on the laud surrounding the Wsiorical Home. The Burnett C, Bauer Trust: now would ask that the Historic Preservation Commission of South Bond And St. Josoph County consider their request to relocate the historic hom, e at 16021 Cleveland Road 1320' north of Cleveland/State Road 23 to u new site immediately north of the existing land servicing the Wsting home at 52725 Crumwood (see attached drawing). The historic home which presently contains a law office and rutaal store would sit on the site measuring 90' f?ontage on Gurnwood and 260' depth (east and west). This now looation is presently zoned rosidcutial and may be usad as a residence for Mr. Burnett C. Bauer and his daughter. Ata lager date, it maybe put uxto some office or businous usage, as it is now being used, but they would then be required to rezone this 90' x 260' parcel should they wish to ahango suoh usage. This now location, witlr as existing key number of 02- 20I7.0370.05 is psescatly zoned residential. I Have attached an email from the building Department which shows that subject to your approval of this request and our ability to moot setb=6 and other• code issues, we could relocate the hom to this new site, We would make every reasonable, effort to place the home at least 100' west of the Gurnwood frontage subject to codes and demands of the various governmental departments ucccssaty to permit this relocation. Finally, we would ask that yon consider relinquishing the historic site designation for the 260' 1.320' parcel. We thank you in advance for your consideration of this request. Respec*lly, Burnett C. Dauer Trust by: B. Patrick Bauer, Trustee Historic Preservation Commission The Burnett C. Bauer Trust with B. Patrick Bauer as Trustee, owns the property at the northwest comer of Cleveland Road/State Road 23 and Gumwood in Granger, Indiana. Over 20 years ago, they petitioned to have the historic home at 16021 Cleveland Road and the site containing approximately 260' frontage on Cleveland Road/State Road 23 by 1326' frontage on Gumwood declared a historical structure and historic site. Some 25 years later we have seen significant commercial development of the immediate area and continued traffic and development encroaching on the land surrounding the historical home. The Burnett C. Bauer Trust now would ask that the Historic Preservation Commission of South Bend and St. Joseph County consider their request to relocate the historic home at 16021 Cleveland Road 1320' north of Cleveland/State Road 23 to a new site immediately north of the existing land servicing the existing home at 52725 Gumwood (see attached drawing). The historic home which presently contains a law office and retail store would sit on the site measuring 90' frontage on Gumwood and 260' depth (east and west). This new location is presently zoned residential and may be used as a residence for Mr. Burnett C. Bauer and his daughter. At a later date, it may be put into some office or business usage, as it is now being used, but they would then be required to rezone this 90' x 260' parcel should they wish to change such usage. This new location, with an existing key number of 02- 2017-0370.05 is presently zoned residential. I have attached an email from the Building Department which shows that subject to your approval of this request and our ability to meet setbacks and other code issues, we could relocate the home to this new site. We would make every reasonable effort to place the home at least 100' west of the Gumwood frontage subject to codes and demands of the various governmental departments necessary to permit this relocation. Finally, we would ask that you consider relinquishing the historic site designation for the 260' x 1320' parcel. We thank you in advance for your consideration of this request. Respectfully, Burnett C. Bauer Trust by: B. Patrick Bauer, Trustee r a 1 � I x I � m N D I `/ I J • N3 ti - C 1 QCo o Co 1 1 Nj 'c - - - i N00'42'34"W 500.00' FENCE NEAR PROPERTY, LINEN I 27.1' O I 44.9' r - w93.01. � L, La. O i s 1 ` 9 8' - C- 12154 SFh 9.6 ` 1.4' w I, N' L__ 3S2' Ie ---------------------- ---- ------------- - ]80b SF V CONCRETE FENCE (--_--__- r - ,— I 2t.4' s SIGN - - 100.Y oN0 V) I �I PARCEL 1 `� N I mo 12.3' 480 \ BUILDING w w bi o SIED b SEED S 10070.1 SF I I z I O 123b SF ' N I I, i IN0.0 SF Op 27.3' I 21 � 1494.0 SF h 8.0 - !I ASPHALT $ o� toi� qq .---—'1- ' o - -_ �- i - co 41.8• ISO' d e 1 M' 2: 0' I 9.7 SHED iP —SIGN ASPHALT 84.6 SF z \ J, ! 1012.2 15'0 'UTILITY - r-------• s, S 61.6' EASEMENT m , „ �1 , IINSTR.J8507630 ! o POB I s �'• S00'47 21 E' 1 ; 29x9 SF ` 1PARCEL I I s�cN 1 7, .I� �cxNERAroR 1 'SIGN I S00'42'51"E rr / PARCEL 2 & 0 0 102.87 S03.57 a�0 �N 1 239.99 m I 1 I 125.43" - ------------------------------ Mac ASPFfALT ALONG LINE ELEC. VAULT— ------------- MAIN STREET NOO'42'51'W 539.95'-,) S89 -17'09'W SOUTHEAST CORNER, •_—_--^_—_—_-----^--- -� — - -- _ — SOUTHEAST QUARTER, I SECTION 21, TWP. 38 NORTH RANGE 3 EAST. Em1a1-rA . ALTA/A. LAND TITLE SURVEY PART OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 38 NORIN, RANGE 3 EAST, CLAY TOWNSHP, ST. JOSEPH COUNTY, INDIANA. ocswoot PARCEL I A PARM Or LAND ITEM A FARE OF THE SMAHEAST MWER Or SECWN 21. TOWRSHMP 38 NORTH. RANGE 3 EAST. OAT 10~. ST JWH CWM. ROAM AND BENG YORE PARMULARLY DESCRIBED AS FOLLOMM CO&AMEMONG THE SWMAM COMITER OF $0 S(XfTH1AS1 QUARTER OF SECTM 21: TKNM WORTH 00'42,51" WEST ALONG THE EAST LINE OF SW SOUTHEAM WARTER. A OSANTCE or 5XI5 FM. THENCE SOWN U17W WESL A MTQ4 11F.20.00 FEET TO.A PONT 00 THE WEST AKHI-W-WAY FAZE OF QAAACOO ROD. SAM POOR KiNG THE PLACE Of BEW"NO; THENCE S" O(Y`4fS1' EASE MOD SAGE WEST FAD -Of -MT LBW, A USTAOM Or 2" Eli:THENCE MWW N.04 50 WEST RICHO-OF-11RI LNE FOR THE NEXT VICE MN= THE TIM N14 SOUTH 0311 NST. A MIANCE Or IM43 Mr. THEMM 9ELON W477r EASE. A MADE Or 10227 FEET: THM SDtnH $11OW REST. A OSIANCE Or 5226 FEET 70 A PONT ON THE NORTH W0 -Or -WAY UNE OF STATE ROAD 23: TKNCE sum aropr WE ALM SW NORTH WO -Or -WAY LK A DiSTANDE OF 20170 TO,. THENCE NORTH 074274- WEST, A DISTANCE or600.00TEM: THENCE NORTH Wff4r EAST. A OWAMM Of 260.80 FEET WINE POINT Or KGMNMC MWMPG 232 ACRES WOREItRE OR SUMECT 70 THE TEM MM OF A KIBLC HPARAV, ANY EASOOM CENENA#n OR AMMOS Or RECOM _.1074234 It WO" lb PAM I X. tNlfa A~ SW47*21*E 107 0r or O -r 4. ac" En I msmnot PMM 2 A PARM Or L" BOND A PART Or THE SOILTHERS! aWRA OF StCM 21. low" w mom RANGE 3 EAST. CLAY To~. ST. josm Comy. MARA AND KM MORE PARI MNSY DESCRIM AS FOLLOWS. CoAwOM THE SOUTWWT CODER OF SO SOLRHEAST *WOG Of SEC" 21; THE" NORTH W42S1' WEST ALONG THE EAST LN[ Or SO WWWM OMAN, A OSTARDE Or SWIMS 1117. THENCE SMM Wt7W IM A DWANM OF 20.00 rM7 10 A PM ON THE ITEM Mff-Of-W 1011 Or QAWW M SAD PONT KIC THE PLACE OF BLOOK THINCE SOM WW4r WEST, A WEANCE Or I" ME IMENCE WORTH W42W W5% A 11W X0 or 780.11 FW; IMENCE ROM 8"115' USE DISTANCE Or MIT FIG TO A POW ON SAO WEST FJOHF-W-WAT UME, THEMM SOUTH W42'St* E49 MONO SAID VEST JAM-Or-Uht THE. A OWANCE OF 7MW FM to THE POW OF KQV" COMM" 4.67 AM MORE OR SEMS US= 10 THE LECA, MM.Or A PUBLIC INCHMAY. ANY EASENOM COVENANTS OR RESMUM Of REM NOM. THESE 4 OESORPM ARE MAM TO ELWX OESOWTION AMINGUMS IN THE HSTOW DESOWDORL Cw AWE K MIT POLE 0 MANVOLE a VFLJFf POLE 0 SEM CORNER 0 KM WYE A " MARKER I SON O TRAFFIC LIGHT POLE - WAARD POST! R GAS METER 7 2 emu {tED;CEMERS PW (W N00`4fN11 $80.11' PAM 2 PDB I ATPAROL3 2 ma S00'42*51*1 780.22' 7- — -try -- - — - — - — - — -- — - — - — - — - — --- SHEET I Or L-2. F -W k AA-1-l4A. AN. VJ 7H5 1L W.� SI- A" M is s11 233 ml SAW -A. w low lwMMw BILL NO. 26-80 ORDINANCE NO. AN ORDINANCE DESIGNATING AND ESTABLISHING AN HISTORIC LANDMARK UNDER ORDINANCE NO. 154A-1973, AMENDING ZONING ORDINANCE NO. 6, AS AMENDED COMMONLY KNOWN AS THE ZONING ORDINANCE OF ST. JOSEPH COUNTY, INDIANA (16021 Cleveland Road) WHEREAS, The Historic Preservation Commission of South Bend and St. Joseph County has recommended and petitioned the designation of the following described real estate as an Historic Landmark under Ordinance No. 154A-1973, as amended, to -wit: 260.92 feet by 1326.1 feet beginning 20 feet West and 30 feet North of Southeast corner fo E} of SE4 of Sec. 21, Township 38, North Range 3E, containing 7.94 acres. The improvements located upon said land can be commonly described as 16021 Cleveland Road, and which includes the house, barns, and other buildings. and, WHEREAS, it is the opinion of the St. Joseph County Council that such real estate qualifies as an Historic Landmark under the provisions of Ordinance No. 154A-1973, and the standards established thereto. NOW, THEREFORE, IT IS HEREBY ORDAINED by the St. Joseph County Council that: SECTION.1: The following described real estate is hereby designated and established as an Historic Landmark under Ordinance No. 154A-1973, as amended: 260.92 feet by 1326.1 feet beginning �2324PS 20 feet West and 30 feet North of 16` Southeast corner of E} of SE4 of oilI� 2� Sec. 21, Township 38, North Range 3E, containing 7.94 acres The improvements located upon said C•``p Q land can be commonly described as 16021 Cleveland Road, adn which �!!!4 C•�% includes the house, barns, and other X16$ L� buildings. SECTION 2 : This ordinance shall be in'full force and effect from and after its passage and approval as required by law. 1st READING /�' �U • PUBLIC HEARING 2nd READING 7P -8'L -?U NOT APPROVED Member, St. Joseph County Council REFERRED 11-A) PASSED 7i. 9,�d Z.49 v IBX. C John Oxian, President May 22, 2001 South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 Phone: 219-235-9798 Fax: 219-235-9578 E -Mail: historic@michiana.org St. Joseph County Council County -City Bldg. 227 W. Jefferson South Bend, IN. 46601 Dear Member of the Council, A Certified Local Government Rhonda Saunders, Director Please find the attached ordinance which has been prepared for introduction to the County Council. The purpose of this ordinance is to amend an existing Local Landmark, located at 14297 SR 23, known as the Risler Farmhouse. The property was landmarked in August of 1976, Bill NO. 125-76, Ordinance NO. 94-76, which included a total of 41.66 acres. The owner petitioned the Commission to remove the landmark designation from most of this property to allow her to sell it to developers since she is too elderly to maintain it anymore. The Commission has come to an agreement with the owner to retain the landmark designation for the house and surrounding wooded areas, approximately 1.87 acres and to request the removal of the designation from the remaining 39.79 acres of farm land located to the rear of the structure. Enclosed is an Arial of the existing landmark property as well as a site map of the new landmark property after the alteration and a legal description of the portion to remain a landmark mark. At its Public Hearing held on May 21, 2001, the Historic Preservation Commission voted to recommend these alterations of ordinance 94-76 to the County Council. A copy of the Staff's favorable review and recommendation regarding these alterations is also enclosed. Yours Truly, ohn 0 'an - Acting Director JO/RLS ,=_x,NIB17- D Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable COMMISSIONERS - Martha Choitz Richard Helmus Jerry Weiner (Treasurer) Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary) Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar (Attorney) STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: July 16, 2008 Application Number: 2008-0715A Property Location: 221 East Navarre Property Owner: Erin and Fred Helman Landmark or District Designation: River Bend LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This clapboard and shingle bungalow was built in 1911 by Hammond and Whitcomb who sold it to William Schindler in 1912. Mr. Schindler used it as a rental property until he sold it Earl H Arnold. Bess and Earl Arnold lived there until 1960. APPLICATION ITEMS: Install wood grain texture siding on dwelling. " Furnish and install vinyl textured wood grain clapboard siding Colonial Ivory in color over old wood clapboard. Install vinyl shakes over wood shakes over old wood shakes in gables and dormer. Wrap outside of windows with pvc aluminum. Install new fascia and soffit. Install new gutters and downspouts. Install maintenance free mantles to keep the same look and characteristics of the home. The home will look identical to what is currently, only with updated vinyl siding and shakes." RIVER BEND STANDARDS: II. EXISTING STRUCTURES A. BUILDING MATERIALS Original exterior wall materials in the District include brick, stucco, clapboard, wood shingles and masonry block. In some instances, vinyl or aluminum siding has been applied over the original material. Required Original exterior building materials shall be retained. Deterioration of wood materials shall be prevented through repair, cleaning and painting. The existing architectural detail around windows, porches, doors and eaves should be retained or replaced by replicas of the same design and materials when deteriorated beyond repair. Masonry including brick and stucco shall be cleaned only when necessary to halt deterioration or to remove stains, and shall be done with a method acceptable for the preservation of the surface: i.e. low pressure water and s6ft natural bristle brushes. When repairing stucco, only appropriate stucco mixture shall be used. Recommended Whenever possible, the original building materials should be restored. Metal or vinyl may be used as an alternative to maintaining or replacing the original surface material when it resembles the original surface material. When used over wood surfaces, this siding should be the same size and style as the original wood. Every effort should be made to retain the original trim around windows, doors, cornices, gables, eaves and other architectural features. Ample ventilation must be afforded the structure when aluminum or vinyl is to be installed in order to prevent increased deterioration of the structure from moisture and/or insects. Mortar joints should be repointed only when there is evidence of moisture problems or when sufficient mortar is missing to allow water to stand in the mortar joint. Existing mortar shall be duplicated in composition, color, texture, joint size, method of application and joint profile. Prohibited Wood siding shall not be resurfaced with material such as artificial stone, brick veneer, asbestos or asphalt shingles, which is inappropriate or was unavailable when the building was constructed. Sandblasting or the use of harsh detergents shall not be used on masonry or stucco. This method of cleaning erodes the surface material and accelerates deterioration. Not Recommended Waterproof or water repellent coatings or surface consolidation treatments should not be used on masonry surfaces unless required to solve a specific problem that has been studied and identified. Coatings are frequently unnecessary and expensive, and can accelerate deterioration of the masonry. Mortar joints which do not need repointing should not be. Repointing should not be done with mortar of high Portland cement content, which can often create a bond that is stronger than the building materials. This can cause deterioration as a result of the differing porosity of the material and the mortar — the end result being serious damage to adjacent brick. Paint should not be removed from masonry surfaces indiscriminately. RECOMMENDATION: The River Bend Standards require that the original exterior building materials be retained. The bungalow at 221 E. Navarre has the original clapboards and shakes. Staff does not recommend approval. There was only one time that Commission allowed for vinyl siding in the River Bend LHD and that was in 2003 for COA 2003-0515. The circumstance in that instance was because the homeowner had two failed paint applications because of a systemic moisture issue. All of the original cedar shakes had to be removed from the body of the house and new insulation and energy board applied along with clear vinyl shakes to match those on a recent addition and garage. JUL-14-08 102:47 PM ULTRATECH 2192338895 P.01 Application - FOR - Ferifieate of Apprvpriatmess Historic Preservation Commission of Saudi Bend & St, Joseph County 125 S. Lafayette Blvd., Saudi Semi, Indtina 46601 Matiing Address: County City Budding, South Bend, Indiana 4bba1 Phone: 574-235-9798 - Pax: 574-235-9578 + Em4- 5' BSJCHF'M0.st Joseph inus Website:http://www,sowph=ntyindianiLconi/gchp/indexhtml OFFICE USE ONLY s»}» AO NOT -COMPLETE -ANY ENTRIES CON?AMED W "HIS BOX x>y>s>�DITII CE USE ONLY Date Receivedf�� o2Qd ,1"' Application NumberalJd� Past Reviews. ❑'YES (oate of wt x olna) C -R-90 t Staff Approval authorized by: Title: Historic Commission Review Date: Local Landmark Cgl�acal Historic District Name) [] National Landmark ❑ National Register District (Nanc(!) :. Certificate of Appropriateness: 0 Denied C] Thbled ❑ Sent To Committee (l Approved and issued DATE ;Address of Property for proposed work: J4,1 1!dr��% Sire Nu er and Surd Mme `Name of Property Owner(s): (Flom Print) :Address of Property Owners): Contractor(s) Name: Aa Z.. Contract Company Name: Cf &ez t3' l5 cl, 0"V/ ;Poo Contract Address: /,0,1P1/%�/J X0 —2 x A e/410/-3 Phone: Current Use ofBuild ing:-QZ/ 12.0LE�,?�! {g{ ie Farnrtg�--/Mi11,h.�Fa114llq- Com�rurrirst - Ganerlurrent - Ituiustrinf-1'awr�t - efcJ ' Type of Building Constructiorv.-4 C Pep (Woad Fmrnt- 8rk* -Stolle - Stud _ Collenfe -Other) E Proposed Work: In-kind [] Landscape ❑ New 0 Replacement No in -unci) ❑ Demolition (more than oro box way bt ctraiad) Description of Proposed Work: 9// R38 &arts- 0 Owner/Contractor: Fax: e-mail „ (This o ft r svrtl earrrsfzmd with tmty ane &WSW) and/or _.. _,. _ _ - .... ......_ ' - — Ap'pLICATIONREQUIRF WIM ARE LIS'M ONREVERSE SATE --- i�. N\ ULTIATECH `5\ 'WINDOW' S*SIDINEi*ROOFINEi*DOOU, *SUN ROOMS 310 W. Ewing Ave South Bend, IN 46613 Toll Free: (800) 431-8755 Local (574) 233-8885 July 15, 2008 To whom it may concern: Ultratech is to furnish and install the following at 221 E Navarre St, South Bend, IN 46601. Furnish and install vinyl textured wood grain clapboard siding Colonial Ivory in color over old wood clapboard. Install vinyl shakes over old wood shakes in gables and dormer. Wrap outside of windows with pvc aluminum. Install new fascia and soffit. Install new gutters and downspouts. Install maintenance free mantles to keep the same look and characteristics of the home. The home will look identical to what it is currently, only with updated vinyl siding and shakes. Sincerely, Phil Mata Product Specialist Our modern take on this classic never has to be painted or stained to maintain resilience to the weather. Plus, unlike organic uvod, Architectural Shingles will never warp or split. From the first glance, you may be drawn to Coventry for its elegant appearance and handsomely crafted detail. Yet, its also important to consider the siding's durability and strength. How will it hold up after years of exposure to strong winds, pounding rain, extreme temperatures and other harsh outdoor elements? Performance -engineered for superb durability, Coventry incorporates essential design features to deliver outstanding protection for your home. Each panel is infused with rigidity and structural integrity to ensure crisp, smooth wall lines and a beautifully uniform appearance. I You'll swear it's real — the look, the feel — with Pelican Bay, you'll get all the rich elegance cedar Shakes bring to a home. That's because Pelican Bay has an authentic grain, molded from actual cedar. The grain even extends over the shake edge to ensure each piece looks handmade. And by using our specially designed Scallops, you can turn your home into a statement — highlighting gables, window boxes, and eave edges or creating frieze boards and bands. ` See printed wuranty for complete details. 3 exterior walls, resulting in a truly refined appearance. Coventry features a durable .042 "panel thickness and five versatile profiles. Versatile siding options. Coventry offers a wide variety of options when designing your home's exterior. With five different profiles to choose from and a full selection of decorative trim and accessories, you can create exactly the look you desire. Choose from double 4" clapboard, double 4" dutch lap, double 5" clapboard, double 5" dutch lap and triple Yclapboard in 14 inviting colors. 5 MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY . 'June 16 2008 IF� A mum 13'' Floor Conference Room County — City Building, South Bend, Indiana Members Present: Mary Jane Chase, Timothy Klusczinski, David Sassano, Lynn Patrick, Jerry Ujdak Staff Present: Catherine Hostetler [Director], Amy Herdman [Asst. Director], Larry Meteiver [Legal] Absent: Linda Riley, Todd Zeiger Also Present: Sharon Czarnecki, Pete Payne, Liz Maradik, George Enderle, Mark Neal, Kathleen Neal, Lance Roush, Bob Grant, Ryan Dvorak, Angie Dvorak, Brendan Crumlish, Don Deitz. I. CALL TO ORDER, ROLL CALL: President Tim Klusczinski called to order at 7:00 pm. Quorum was duly established. II. PUBLIC HEARING Application Number: 2008-0512 Property Location: 510 Lindsey Property Owner: City of South Bend Landmark or District Designation: Chapin Park LHD Rating: Non contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This American Foursquare was built in 1903. Clifford and Esther Snell were the first residents of this house. Clifford was a bookkeeper for an oil company. The Snell family resided there until 1932. APPLICATION ITEMS: The City of South Bend plans to make selective repairs to the property at 510 Lindsey as part of the Dollar House Program. The City is requesting permission to do the following: 1. Replace all windows with Kolbe and Kolbe wood sash kit replacement windows. 2. Remove the concrete steps/porch on the west side of the property, which was previously used as the entrance to the second floor apartment. (See Attachment B for photo of porch) 3. Remove wrought iron railing and posts from the front porch and replace with railing and posts in a style similar to surrounding architecture. (See attachment B for example) 4. Remove existing aluminum siding and install LP Brand smooth "Smart Siding" that will match the reveal of the original siding. (See Attachment B for example of Smart Siding") 5. Repair crack in northeast corner of foundation by tuck -pointing. STANDARDS AND GUIDELINES: I. The Environment B. Building Site, Landscaping & Accessories Recommended: New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and newspapers. New site work should also be appropriate to existing surrounding site elements in scale, type and appearance.... II Existing Structures A. Building Materials Original exterior building materials in the district include brick, stucco, clapboard, wood shingles and brick or stone masonry. In some instances vinyl, composite and aluminum siding have been applied over the original material Required: Original exterior building materials shall be retained when possible. Deterioration of wood materials shall be presented though repair, cleaning and painting. The existing architectural detail around windows, porches, doors and eaves shall be retained or replaced by replicas of the same design when deteriorated beyond repair.... Recommended: Whenever possible, the original building materials should be restored. When maintaining or repairing original siding is not feasible aluminum, vinyl or composite siding may be used. When used over wood surfaces, the siding should be the same size and style as the original wood. Every effort should be made to retain original trim around windows, doors, cornices, gables, eaves and other architectural features.... C. Windows and Doors: Required: Original windows and doors shall be retained including sashes, sills, shutters, decorative glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Prohibited: Original doors, windows and hardware shall not be discarded when they can be restored and reused in place. New windows and door openings, which would alter the scale and proportion of the building, may not be introduced. Inappropriate new window and door features such as metal, vinyl or fiberglass awnings, hoods or aluminum insulating glass combinations that require removal of original windows and doors shall not be installed. STAFF RECOMMENDATION: Staff recommends approval of items 2, 3 & 5. Item 1, staff recommends that the original windows be retained as they appear to be in good condition and that new storms and screens be approved. Staff recommends approval of item 4 with the condition that if any architectural features, decorative siding and trim, etc., are uncovered with the removal of the aluminum siding that they be left exposed or replicated with the LP Smartside products. Maradik.• Liz Maradik with the City of South Bend's division of Community Development, 1200 County City Building. The city is requesting a C of A for work to be completed at 510 Lindsey Street in conjunction with the Dollar House program. The premise of the program is that the City purchases a property and conveys it to a homeowner with the agreement that they will complete specific rehabilitation to the property within one year. The city has the opportunity to complete selective repairs to the properties prior to turning it over to the new owner. However, the cost of these repairs and acquisition is not to exceed $45,000. The purpose of the program is help make it financially feasible for a household to rehabilitate a property within the City of South Bend without having to over invest to bring it up to quality. The City is requesting an in-kind replacement of all windows with Kolbe and Kolbe wood sash kit replacements. The City recognizes that the staff recommendation is not to allow this but the windows are not in good condition and would need significant work to be functional and weather tight and as such the City requests that the Commission consider an in-kind replacement. Klusczinski: Are there any questions for the petitioner? I have one for staff. The current condition of the house is derelict and non-contributing? Hostetler: It's not derelict, it's non-contributing. I mean it's not like falling apart or anything. Klusczinski: I have one particular consideration for the product material, the LP Smartside. I wasn't sure if what you were attempting to present was something that might be in-kind to clapboard style that you might be found under that house. I couldn't find any evidence of anything that was a clapboard model. Maradik: The one that would be used is found on Page 5. It's the Precision Series Smooth Lap. Klusczinski: Catherine, do we have any way of knowing right now if there would be clapboard siding on that house once the aluminum siding is removed? I mean, potentially so. Hostetler: Foursquares typically had that on them, but I did not pull apart any of the siding to check on that. Sassano: Is the intention to remove the vinyl or aluminum is it aluminum? Maradik: It's aluminum right now. Sassano: If it's aluminum it more than likely has the furring strips and you're going to find clapboard underneath it. And then you're just going to cover that back up again. Maradik.• Yes. Sassano: Is there a reason that decision has already been made on how to proceed when nobody really knows what the condition is to begin with? Maradik: Just in general, the thought is that we want to provide a material that will withstand a period with time without necessarily needing maintenance as far as painting it. 2 Sassano: Just to give me a general understanding does the Dollar House program requires a minimum of a $75, 000...? Maradik: No, it differs according to each property based on the specifications that are created for that house. Sassano: So, what can you tell us specifically about this house? Maradik: For how much the...? Sassano: Yes, what the expect amount that the owners will be expected to ... Maradik: I believe it's $60,000. Sassano: And that's in addition to what you're spending? Maradik: Yes, that's in addition to. Sassano: And so that's your goal to bring it to a certain minimum level? Maradik: Exactly, so that they don't have to over invest. So that in the end their property isn't worth less than what they spent. Sassano: Is there a potential purchaser at this point? Maradik: No, right now we're waiting to get these repairs completed before going to another lottery. Sassano: It just strikes me as odd that you would make the decision without knowing what you're getting into. The first thing you'd want to do is remove the siding, and since there is no homeowner, and there is no schedule that somebody is waiting to move in, certainly leaving it exposed to have to come back in to this process again isn't going to cause any kind of significant damage even if it's in horrible shape. Maradik. • The process that we have to use is through the City's Board of Public Works and we're hoping to be able to bid it out so that we can have the raffle by late summer. And so when we bid it out to a contractor, we have to have those specifications. Sassano: Do you have to bid it out to remove the aluminum? Maradik: I think that we wanted to complete all of those exterior improvements before turning it over to a homeowner, yes. Sassano: I guess what I'm asking is could you just have someone remove the aluminum without bidding it through Public Works. Maradik: No. Sassano: My guess is that you could probably get someone to do it for free. I sure would like to see what we're dealing with; I'm not very comfortable approving the replacement of materials when we have no idea what the condition is. Klusczinski: And when the replacement material isn't necessarily in-kind to anything that might be underneath. Sassano: And it would give you a much better chance to see what the windows are really like. To see if the windows really do need to be replaced then it's much easier to make that case. Maradik: Well, it's just the sash kits that we're asking to replace. Sassano: Yes, but you don't know the condition of the frames, the sills the trims, many of which could have been covered or maybe cut it looks like the sills were probably cut. Chase: You know, I know that you've worked on a number of other homes, but mostly you have torn off to see what's underneath, I've never seen a home that you didn't tear something off to see what you're working with. And my other question is has this siding been used before? Maradik. Yes. The Smartsiding, you mean has it been used in houses around here? Yes.. There were a couple of pictures in your packet of houses that already have it on them. Sassano: The product itself is not my problem, just the general approach to the design. You're specking a dimension and we don't even know what the dimension is, I mean how do we know that we're not going to find 4 inch boards? Are you going to find existing corner boards? Will there be soffit boards? Maradik: All of those things, the corner boards and all of that are things that they do put on. 3 Sassano: I'm just responding to your criteria that you have to bid it out. to find existing corner boards? Will there be sojjit boards? Maradik: All of those things, the corner boards and all of that are things that they do put on. Sassano: I'm just responding to your criteria that you have to bid it out. You're bidding out something that... (unintelligible- paper shuffling near microphone) Klusczinski: Any other questions for the petitioner? Thank you very much. We move on now to Commission discussion. I share Davids thoughts. I would certainly like to know what's under the house before it's committed to have a certain appearance especially in the historic district that we're talking about. The AWN house rehab model is north of that I believe? Maradik: It's just east of the property. Klusczinski: Ok. And there were some features that were incorporated into their version of the siding that were not called out in this particular C ofA application. So, what I would like to do, I would only feel comfortable tonight giving a conditional approval where I would have some limits if we were going to go that way so that you might consider part of the work and be able to move forward in some way. It seems that there's a difference of opinion between the staff recommendation that the windows be left in place and that they're good enough and it would be worth doing, and your testimony that says they're deteriorated. We could certainly charge the Standards and Maintenance committee to do some investigation but I think one consideration for this case is that the City of South Bend might have to take a look at some of the things that wouldn't get approved tonight and maybe we could find some compromise or some happy ground or something like that. And consider in the most expeditious way anything that you might be willing to come back with. Those are just my thoughts; I'd certainly appreciate anyone else's. Chase: Well, we've always taken some siding off, trim off; whenever we've looked at a house something has been taken off to determine what's underneath. So to do all this, to put bids on an unknown is unusual. Klusczinski: If there's no other discussion, we'll move on to public hearing. Any member of the public wishing to speak in support of the current petition? Hearing none, is there any member of the public wishing to speak in opposition of the current position? Also hearing none, Chair closes public hearing. What's your pleasure? As the by-laws allow the President to make a motion here I will do so. I would approve a conditional approval of C ofA 2008-0512 with the following contingencies: to substitute the replacement of new storms and screens for the sash kits currently called out, no replication of decorative features in siding, recommending instead that the existing uncovered features be rehabilitated and remain visible not covered by new siding and replacement may only occur if these features show extensive damage. I would allow the use of Smartside conditionally if it will match the style, profile and reveal of the original siding now covered by aluminum, and if features like the belt course may be achieved or re-created by using it. Foundation repairs must be repaired by patching agents or mortar that are compatible with existing structural materials. The proposed porch reconstruction should be permitted. HPC staff should have the authority to recommend and approve unknown project elements as they occur and within the parameters approved by the HPC Board under this application and these criteria. That is my motion. Chase: Second. Klusczinski: Motion has been made and seconded. Any discussion? All those in favor signify by saying aye. (Ayes are heard) Opposed? (Silence) Motion carries. Moved: Klusczinski Second: Chase Approval of amended 2008-0512 Approved 5-0 2 Application Number: 2008-0521 Property Location: 713 W. La Salle Property Owner: Naomi Cassier Landmark or District Designation: Local Landmark Rating: Outstanding STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The Neitzel House was built in 1884 and re-classified as Free Classic in the 2005 City of South Bend Survey. It is a 2 storey clapboard residence with an irregular plan. It has a decorated cornice and the attic storey is of wood shingles. It was built by Barnhard Neitzel, a South Bend carpenter. The residence is a good example of what a carpenter could do with pattern books of architectural styles which were available to the public at that time. APPLICATION ITEMS: House has lead base paint. Cover house with cement board, replace gutters, fascia and frieze board. Replace three windows per attached (Exhibit A). This is a HUD project. The intention of the cement board is to replicate the structure of the home. Also the ornateness of the house will remain the same. Also please read letter from homeowner (Exhibit B) LOCAL LANDMARK STANDARDS: Group B Standards A. Maintenance The maintenance of any historical structure or site shall in no way involve any direct physical change except for general cleaning and upkeep of the landmark. The Commission shall encourage the proper maintenance of all structures or sites. C. Renovation and Additions 2. Material Additions and improvements involving any new material in the landmark should be of the same materials the original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original b. siding materials—The Commission discourages the covering or alteration of original materials with additional siding. Structures already sided with incompatible materials should be returned to a siding similar to the original when renovation is considered. RECOMMENDATION: This is a proposed HUD Lead Abatement Pro gram project in which the entire house is required to be encapsulated. The HUD Lead Abatement Program does not allow for a partial covering of the house. Therefore staff cannot recommend approval since the cement board cannot replicate all of the architectural features (Exhibit C) and trims that are on this building. With regard to the windows the applicant did not realize that Window World's proposal was for all of the windows so only the three appeared on the COA application. The proposal is to replace all of the windows in the house with vinyl replacement windows and wrap the sills and casings as part of the HUD lead abatement project. The Staff does not recommend approval. The windows are in very good condition and do not need to be replaced. The only reason for this COA is so, that the applicant can avail themselves of HUD grant money instead of painting the house. Klusczinski: Thankyou, Are you prepared to..? Czarnecki. Yes, and also brought... Klusczinski: Sorry, name and address for the record. Czarnecki: Sharon Czarnecki for Naomi Cassier, 713 W. LaSalle. Klusczinski. And for the record, you're not the property owner, you're acting on the property owners' behalf. Czarnecki: That's correct. Klusczinski: And you've provide staff with some evidence...? Czarnecki :Yes, the letter from Naomi giving me the authority to be here. The house is in very bad condition in terms of the paint peeling off of the house. And so we would like to reside it. I've brought Pete with me here from Window World who's brought some of the materials with him and to try to duplicate to the originality of the home and it's existing condition. At the time, as was stated, I'd thought that all of the windows were in the first exhibit, but it's not it's just three of them, but we are asking for all of the windows to be replaced. And again, the other three windows will be as close to the original as possible, As the house is over 100 years old, obviously structures have changed, but we will try to duplicate I have pictures, here to show you how closely we will duplicate the house to it's original condition. Klusczinski: Are there any Commissioners that have questions for the petitioner? Sassano: Where is the lead paint? 5 Czarnecki: All over the house. The outside, we had it tested, and it's around the window frames and the peeling paint on the house itself. Sassano: What about the columns and the porch rails? Czarnecki: I would assume that that does have paint. We would probably... what were you going to do... ? Payne: Yes, we would stabilize the paint. I'm not sure that they contain it or not. The columns. Sassano: So the only lead that you know of... was there a report submitted? So right now, this is all just, I mean where does it come from, how do we know this is lead paint? Czarnecki: Because I had Charles McManus do the lead based analysis. And you were with him at the time, right? Payne: No. I wasn't at the inspection. Normally they do provide a report. Czarnecki: He never gave it to me. Sassano: Isn't that kind of why we're all sitting here? I mean, without that report... Payne: Just the verbal with Chuck he did say that there's lead paint, but I can't tell you whether it was in the railing and columns but I can say that it is in the windows and siding. Klusczinski: Any other questions for the petitioner? Payne: The columns actually look like they're in good enough structural condition that if there was lead paint that it could be stabilized. Sassano: What does that entail? Payne: That entails any wet scraping and sanding that's necessary and then painting over it. Klusczinski: I'm personally curious- if you could stabilize and pass the HUD requirements on elements that aren't the siding, by repainting them, couldn't that also be the approach for the siding as well? Czarnecki: Well, the cost to repaint the home, I'd gotten some bids, were around $15, 000 to repaint this large home. It would be more applicable to reside it so that the house doesn't have to continuously be repainted again. The cost of the siding is $26,000 which would make it more marketable appearance wise. Payne: That's siding, soft, fascia and also gutters. Seamless gutters. And the product, unlike cement board is the same throughout, never needs painting or staining. It's 25% stronger than cement board and it has a 40% overall better rating than cement board. It retains water less, there's no face nailing, no caulking joints, it's a good product. It's a composite made of plastic and wood fiber. Klusczinski: Any other questions? Czarnecki: I guess that I'd like to also say that we're not asking for a freebie from the city just to get this grant, the owner is willing to put in another $19,000 into the repairs that isn't going to be covered by the grant because of the windows and the siding cost is not going to be enough so she's willing to pay the difference on that. Klusczinski: Ok, thank you very much. Czarnecki: Did you want to see any pictures of that? Klusczinski: If you have any to present. Czarnecki: And for the fascia they do have some beading material for the ornateness of the house that will replicate what is on there now? Sassano: But it only comes in the one 7 inch height size? Payne: That's correct. Klusczinski: Any other materials? One final question, is the property owner aware of the current rating and designation of the house? It's listed as outstanding. Czarnecki: I would assume that she would when she purchased it, I can't answer that no. I would think when she purchased it that it was mentioned to her, but other than that... Klusczinski: But you wouldn't be able to attest to that? Czarnecki: No. Klusczinski: Ok, thank you very much. r'l Sassano: Just one more question, Mr. Chairman? Klusczinski. Please. Sassano: Assuming that we were to approve this, who would be responsible for designing and coordinating all of the detailed parts of this? It seems to me that even if you were to go ahead with this there's a lot of design work in this, and determinations that would have to be made and how details get handled. Who would do that? Czarnecki: To my understanding it would be from Window World because he is knowledgeable and he has done other historical homes. Payne: We're actually licensed in lead paint stabilization. Sassano: What does that have to do with the design details and determining how to create... ? Klusczinski: Who would be accountable for the project? That's another way to say it. Payne: We would work with Sharon and the owner on that... Sassano: Are you going to prepare shop drawings? Payne: I guess if necessary, yeah we could. Sassano: Have you ever done that before? Payne: Not personally, but we do have someone that could. Sassano: Who's that? Payne: Dennis (name unclear) the owner of the company. Hostetler: What about the curved glass? Payne: I'm sorry? Hostetler: The window on the front of the house has curved glass. Payne: Yeah, we were going to propose installing a bow window with three bow casements. Sassano: And when were you going to propose that? Payne: It's in this one... Sassano: Oh, it is? I didn't pick that up, I'm sorry. Payne: It's the only way to do anything like that, to do a three light bow. Sassano: You can still get curved glass. Payne: I don't think so, not in a thermal pack. Sassano: Well... Payne: If it's there, we'll get it. Klusczinski: Thank you, we'll need to move on to Commission discussion at this point. 1 would like to share a couple of points with the Commission. In sympathy with the staff recommendation, the Group B standards for rehabilitation; page one of those standards indicate that the building be maintained as is and if possible returned to original. The standards for material changes: additions and improvements involving any new material in a landmark should be of the same material as the original. Windows, in this case, vinyl clad? Hostetler: The original windows? Klusczinski. No, the replacements. Hostetler: Yes, vinyl clad. Klusczinski. It should be the same size and texture though there were a couple of times that I picked up that the applicants didn't necessarily know if that could be fulfilled. It also says that an alternative material could be used if it duplicates the original- may be allowed, if. Wood or wood trim should conform with existing trim in shape and size. And, for siding material, the Commission discourages the covering or alteration of original materials with additional siding. This is an outstanding rated local historic landmark and I'm not sure what harm would come to this particular building if this particular project comes to fruition. And I'm not sure that anyone of us can make that assessment other than if it's rated outstanding right now and proposed, existing features of the building were to be covered then that certainly be in the building's long term best interest. Having said that, I'd also like to hear everyone's thoughts here on this matter. 7 Patrick. I'd like to make one comment regarding the letter. I am sympathetic to problems with the skewed property tax system and the cost of maintaining a house, but this is a local landmark rated outstanding and many of the items, while she makes some good points, really aren't germane to this project and I am sympathetic to it, but that does not impact on the historic appearance of this house. These are extenuating circumstances that are going on throughout South Bend, Indiana and the whole world. I'm not comfortable with this project, covering up this house like that. Klusczinski: Thank you, any other thoughts? Chase: I feel that so much is unclear. Very little is definitely said. You can't paint the house, but you'll paint the trim, well that trim and posts will have to be periodically repainted anyway and without a certificate on the lead where they think that it's on some places but not on others and decisions would have to be made as situations arose, there's just too much not clear. Klusczinski: I agree. Chase: The house looks in good condition. Ujdak: My opinion is that since this has an outstanding rating that it deserves perhaps more than just average treatment. I think what needs to be done is to do as much as possible to keep it in it's originality. It's rated outstanding, were it something else, much lower, then it would be a different story perhaps. Klusczinski: Chair opens public hearing, is there any member of the public wishing to speak in support of the current petition? Hearing none, is there any member of the public wishing to speak in opposition? Dietz: I have a question. How long has this person owned the house? Klusczinski: Wait, if you're going to make a public comment are you going to be speaking in support or opposition to the petition? And then we'll need your name and address too. Dietz: Oh, I'm sorry, I would be in opposition. Klusczinski: We're open for opposition comments right now if you'd like to make one. Dietz: Sure, I'm Don Dietz, 1031 E Jefferson and I do also own a historic landmark house where the paint is failing and with the understanding that when you buy these properties it is brought to your attention that it does need to be maintained according to a standard. Just because it's a longer process to repaint it and it may cost more in the long term to do so, it's part of the responsibility that you assume when you do buy these properties. So just be able to change it for your convenience, I don't agree with. Klusczinski: Thank you very much sir, any other comments? Chair closes public hearing. I'll entertain a motion. Chase: I'd like to make a comment first. In the letter, it says and I'll quote, V bought the house because I love old historical craftsmanship, the beauty of the home and because I'm committed to the neighborhood and area'. Seems contradictory to what's being asked. Patrick. Good point. Klusczinski: Chair will entertain a motion. Patrick: I'll move. Does anyone else want to? For application number 2008-0521, be declined, is that the correct word? Klusczinski: Denied. Patrick: Be denied. Do I have to state the specific reasons? Klusczinski: When we take roll call. Sassano: Each of us has to. Klusczinski: If it's in accordance with the motion to deny, then we'll have to state a reason against this C of A. Motion has been made, is there a second? Ujdak: Second. Klusczinski: Motion has-been made and seconded, any additional discussion? Hearing none, I call for a roll call. Ujdak: I vote in favor of the motion to deny. I just think that the home deserves better treatment its rated outstanding and the gentleman from the audience stated it... it's part of the game.. That's the way it is. Klusczinski: Thank you. Timothy Klusczinski, i move, or vote in favor of the motion to deny C ofA 2008-0521. I have grave concerns that the owner may not be aware of the rating or the condition as it currently stands. And may not know what this change would do to compromise that rating. Speaking also to public comments about painting, its not necessarily more expensive in the long term to do a proper paint job and some studies have shown, and certainly this is a case by case basis, that you can achieve even a 15 year paint job and life expectancy. Still other studies suggest too that the national marketing value of a landmark property could be 10-15% if preserved than if covered. So there are marketing issues that should be investigated. I don't feel, given the current Group B standards that this project is in complement with those and that's why I vote to deny or in favor of the motion to deny. Patrick. Lynn Patrick in favor of my motion to deny because the C ofA 2008-0521 as submitted is incompatible with the standards of that district. Klusczinski. It's a single site landmark. Patrick: Mm-hmm. Sassano: David Sassano, I'm in favor of the motion. The project appears not to live up to the requirements of the standards. It appears to significantly change or alter the existing character of the house and it doesn't appear to be any good rationale for that change. Chase: Mary Jane Chase and I vote in favor of denying the application. The C ofA is ambiguous as to what's going to be done. Too many decisions would be made on site. When you buy a house of this structure you're a caretaker, and the reasons for wanting to do this despite a comment about loving the historical aspects are all personal. I understand and I sympathize with taxes and all that, it's something that we are all going through and I sympathize with her. I find confusion though with saying you love the house but the taxes etc, and I don't'see any correlation and I vote to deny. Klusczinski. Motion is defeated, or ... C ofA 2008-0521 is defeated. Catherine will forward a letter of denial... Czarnecki: Can I ask one question though? If the house gets painted, do I have to come back to a meeting? Klusczinski: No, that's an in kind maintenance repair and you don't need an application for that. . Moved: Patrick Second: Ujdak Denial of 2008-0521 Approved 5-0 Application Number: 2008-0523 Property Location: 1031 E. Jefferson Property Owner: Don Dietz Landmark or District Designation: Local Landmark Rating: Outstanding STATEMENT OF SIGNIFICANCEMISTORIC CONTEXT: This property was part of the tract of land owned by John Mohler Studebaker since the 1880s. In 1899 he commissioned architects Dirham and Schneider to design this thirteen room (originally it had nine rooms) Queen Anne Style house and then sold it to his nephew, George Mohler Witwer on 1899. George Witwer was married to Mary E. Violette of Elkhart in 1895. He served as a private secretary to his uncle and as a consultant to the Studebaker family after his uncle's death. This Studebaker-Witwer House was reclassified as a Free Classic in the 2005 City of South Bend Survey. APPLICATION ITEMS: Replace wooden stockade fence with new design (Exhibit A), 6 foot tall fence. In kind materials. Repair of clapboards in-kind on carriage house. E LOCAL LANDMARK STANDARDS GROUP B Building Site and Landscaping: Required: Major landscaping items, trees, fencing, walkways, private yard lights signs (house number) and benches which reflect the property's history and development shall be retained... Recommended: New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and newspapers.... RECOMMENDATION: Staff recommends approval of the replacement of the stockade fence with the new design. The new design is more sympathetic to the architectural style of the house and will be in the same location (Exhibit B). Staff recommends the approval of the in-kind repair of the clapboards on the carriage house as well. Klusczinski: You're entitled to make a brief presentation for the record, state your name and address for the record, please. Dietz: Don Dietz, 1031 East Jefferson. Basically the fence is in poor shape, part of it is falling down, and we'd like to replace it with a more solid fence as shown on the drawing that I submitted. I have some bad shingles on the upper half of the carriage house that need removed and replaced. Klusczinski: Were there any questions for the petitioner? Chase: Will this be painted or stained? The clapboards and the fence? Dietz: Well, the clapboards will be painted to match the house. You won't even know that they were replaced. The fence? My understanding is that it doesn't have to be painted and quite honestly that is a debate that's still raging at 1031 E Jefferson. Sassano: Material? Dietz: The material will be wood. Sassano: Cedar, or just treated... ? Dietz: Probably treated. But more than likely it will be painted. Patrick: Maybe I'm missing it, but is the current fence 6 ft high? Hostetler: It's a stockade fence. Patrick. Are those all 6 ft high? Hostetler: Yes, and it's not original to the house at all. Klusczinski: So another way to review this C ofA is that it's two almost in-kind maintenance items. Hostetler: He's changing the style of the fence. Klusczinski: But the scale and the arrangement and the perimeter of the fence isn't changing? Ok. Any other questions for the petitioner? Hearing none, we'll move to Commission discussion. Anyone have any comments? Thoughts? Observations? Very good. We'll move onto public hearing then. Any member of the public wishing to speak in support of the current petition? Hearing none, is there any member of the public wishing to speak in opposition? Thank you very much. Any other final thoughts before we consider a motion? No thoughts? A motion then. Chase: I move that we accept C ofA 2008-0523 as recommended by staff and as stated by the owner. Klusczinski: Motion has been made is there is a second? Sassano: Second. Klusczinski: Motion has been made and seconded any additional discussion? All in favor? (Ayes are heard) Opposed? (Silence) Motion carries. Moved: Chase Second: Sassano Approval of 2008-0523 Approved 5-0 Application Number: 2008-0523A Property Location: 1329 E. Washington Street Property Owner: Kathleen and Mark Neal Landmark or District Designation: Local Landmark Rating: Outstanding 10 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The house at 1329 E. Washington was designed by Austin and Shambleau for Joseph Maxwell Stephenson in 1923. The house has been re- classified as Tudor Revival in the 2005 City Survey. Mr. Stephenson lived in the house until his death in 1946. The house was then sold to Eugene O'Brien, Vice -President of the O'Brien Varnish Company. The home was landmarked on October 25, 1982. APPLICATION ITEMS: Replace 11 Wood Casement windows I 18"x48" with 11 new Marvin Alum. Clad casement windows with SDL (divided lite) to sit in existing openings, clad color to match existing (dark brown). See Exhibits A -C and Photographs GROUP B STANDARDS C. Renovations and Additions 2. Material: Additions and improvements involving any new material in the landmark should be of the same material as the original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original. RECOMMENDATION: Staff recommends approval. The Marvin windows duplicate the casements with the SDL (Simulated Divided Light with space bar installed between the glass creating the essence of Authentic Divided Lites p.44) The house already has aluminum clad wood windows in a number of locations including a large arched kitchen window so these will match the other windows. So, aluminum clad windows have been allowed in the past. The Group B Standards allow for alternative materials and it uses the term "should" which allows for compromise. See Definitions on page 2. (Exhibit D) Klusminski: Please state your name and address for the record. Neal: Kathleen Neal, 1329 E Washington. M Neal: And Mark Neal of 1329 E Washington. Neal: We've been before you before, I think this is our 3.d or 4'h time in the 2 years that we've owned the house. It's a beautiful old time to which little if anything of value or historical significance has been done in the last 50 years. So we are slowly piece by piece to its former glory. The next project is an upstairs bathroom. It has full south and east facing windows on two walls these have, because of the Tudor revival house with little and in some cases no eave what so ever have been subject to extreme weathering. The sashes are rotten, some of the windows if they do open, the glass comes but part of the sash frame stays behind. The storms are gone. Most of the screens are missing. Most of the hardware is either broken or missing. And in some cases, you can put your finger right through the wood to the exterior. They've been patched with all sorts of different foams and bondos. We have gone to what we think is really the top of the line material to replace these. The most authentic looking that we could find. The divided light is not between the panes but on the exterior so it looks as close to the original leading as is possible. We hoped to preserve as many windows in this house as we can. There are over 100 windows in this house, but these are, they're in really really bad shape. Given that it's a bathroom with no fan on the inside at the moment they're getting abuse from both inside and out. So, we ask for your approval for this replacement. Klusczinski: Are there any questions for the petitioner? Sassano: Other than the sash, are you going to be adding any aluminum to the sill, the muttons, the trim on the outside or the casings? MNeal: No. Sassano: Are you going to be doing any sill repair as a part of this too? Neal: I'm told we may have to at some point, right now the sills are actually covered in copper which has been painted brown. MNeal: It's actually painted brown copper, we'd like to restore it to the copper. Neal. To the extent that we can retain that we would like to. Klusczinski. Any other questions? Chase: It's nice to see such attention given to the house. Klusezinski. So the windows that exist throughout the house, most of the 100 are they wood, are they clad..? Neal. Some are, the ones that are still original are wood, some are double hung, some are casement, a number of them had been replaced prior to our purchasing the house- in particular there are two very large arched windows in the kitchen that have been 11 replaced with aluminum clad simulated divided light and there are a number on the north side of the house and one on the west that have been replaced with aluminum clad, some with divided light, some not. Klusczinski: Have you considered replacing any of the rotted wood windows with in-kind wood replacement windows. Neal: Our concern with being on the second floor with such full exposure and especially on the east side where there is no eave- the roof edge is maybe an inch over the stucco side. The weathering is really extreme, so we would prefer from a maintenance stand point to match the aluminum clad windows that have already been replaced so that we can spend our time maintaining as many of the original windows as possible- they're going to take some good coats of paint to keep them in good shape. In this particular location it's subject to a lot of wear. Klusczinski: I just wanted to clarify one point from the staff. Catherine you mentioned that it says that aluminum clad windows have been allowed in the past. Did you have any documentation of when those C of As came before the Commission and when that was allowed? Hostetler: No. Klusczinski: Do you know in fact that they were allowed by the Commission or was it done.. ? Hostetler: We don't know. Klusczinski: So maybe no body allowed them. Hostetler: But they're there. Klusczinski: They were done, but that's not to say that... Hostetler: We don't have any way of going back unless we go back through all of the C of A boxes because they're not filed by address. MNeal: I would note that we did have the windows replaced on the north side, with aluminum clad, in the work that was completed last year. And then the rest of it was done in the original cedar wood framing around it. Hostetler: We don't know when those kitchen windows were done. MNeal: No, we don't know either. We've also bought our contractor, Bob Grant. Klusczinski: Idents yourself, please. Grant: Bob Grant, Bob Grant construction, 512 Tasher Street, South Bend. This is a wood window with aluminum cladding on the exterior, the way this is set up, all that you're going to see from the outside is the sash. Aluminum on the sash and a 5/8 aluminum frame around it. Around that, right now, is someone's replacement of the original hand hewn trim. We have found a supplier for hand hewn cedar trim that we're going to replace around the windows to match the windows around the rest of the house. So, all you're going to see is a 5/8 inch brown aluminum clad frame and the sash itself. But it is a wood window. Sassano: Which of these are you replacing to match the original hand hewn cedar? Grant: You've got the pictures so you can see those series of windows, and there is mullions between the windows, and there's trim above the windows that was originally hand hewn some of it is now rough sawn cedar, some of it is #2 pine, a variety of materials that have been replaced over the years. We're going to replace that trim on the exterior of the window with the hand hewn so that it looks just like the original. Sassano: So some of this work will actually entail restoration to in-kind or.... Grant: Yes, the trim around the windows on the outside. All of what's up there now is weathered and rotten, and we're going to replace it with the hand hewn that was original. Roush: And I'm part of their entourage, Lance Roush, 17850 New Road, Bremen. The whole point of the Marvin exterior cladding is to maintain an architectural set back like original wood windows had. In fact, there's actually a putty line that's in the aluminum extrusion as well as a line to simulate an exterior stop like would have been on original 12 equipment. So the point is to have the exact look, without the maintenance and the color is perfect for the exterior. Sassano: Have you done and inspection of the existing windows? Roush: Oh yeah. Sassano: And what's your evaluation? Roush: They need to go. The entire operating mechanisms, I've dealt with architectural hardware manufacturers, and I don't even think that the particular hardware that they have can be obtained. It would be going to some sort of a finger pull and hook and eye closure at this point. Klusczinski. Catherine, has staff investigated current condition of the windows? Hostetler: We've not been on the interior? Klusczinski. So you wouldn't be able to corroborate the damage or that you can put your fingers through it or whatnot? Hostetler. No. Klusczinski: Ok, Hostetler. We're going on Bob Grant's assessment of the windows. Klusczinski: Any other questions? Thank you very much. Any Commission discussion? Onto public hearing. Any member of the public wishing to speak in support of the current petition? Any member of the public wishing to speak in opposition? Hearing none on both occasions, Chair closes public hearing. Any Commission discussion on the matter? Sassano: I think you know it's a tough problem and there is always the question of why not just restore the existing windows. It appears though in the history and life of this house that these windows have been repaired many many times and it's just... it seems like probably because of the design and the exposure it's a very difficult location. Obviously the casings have rotted out over time. And the sills, there was a need to put copper over them which likely wasn't original, so there's a history of maintenance problems. I think that the owners have really done a very thorough job enhancing the aspects of the house that are entirely more visible which is the casings and the mullions between the windows and the sill. I think that replacements probably make a pretty good long term solution. Klusczinski: Any other discussion? Hearing none, chair will entertain a motion. Is there a motion? Chase: I'll make a motion that we accept 2008-0523A as presented. Klusczinski. Motion has been made is there a second? Sassano: Second. Klusczinski: Motion has been made and seconded. Any additional discussion? Hearing none, all in favor? (Ayes are heard) Opposed? (Silence) Motion passes. Moved: Chase Second: Sassano Approval of 2008-0523A Approved 5-0 Klusczinski: I would say that I vote for this conditionally. My first inclination is always. to see the wood windows replace the ones currently existing or original to the structure. It's a little bit of a stretch but changes made in light of Group B standards again state that the building be maintained as is, if possible be returned to the original in this way the would should encourages the use in presence of original materials as a first option and such that a structure's current rating be maintained or improved, and the current proposal does contradict that particular strategy. The testimony from the petitioners though demonstrates that there are about 4 generations of window changes in the house already and I'm not sure that the house is hurt one way or the other with this change although it does take a step backfrom a restoration attempt at that, so it's a trade off. 13 Application Number: 2008-0529 Property Location: Leeper Park West Property Owner: City of South Bend Landmark or District Designation: Landscape Landmark Rating: NA STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: Leeper Park is a designed landscape located north of the downtown commercial district of the city. The park was designed by renowned landscape designer George Kessler in 1912. APPLICATION ITEMS: Planting a Liberty Elm in Leeper West between Riverside Drive and river off of Michigan Street. (Exhibit A) LANDSCAPE STANDARDS FOR LEEPER PARK: 9.4 Vegetation #3 Alteration of existing or addition of new vegetation materials and features will be considered if they do not alter the basic concept of the historic landscape design. RECOMMENDATION: Staff recommends approval of the Liberty Elm. That portion of Leeper Park West has been the site of trees and appears as such in the Kessler design (Exhibit B). Petitioner was not present at meeting. Klusczinski: Any Commission discussion before we move on to public hearing? Any member of the public wishing to speak in support of the current petition? Any member of the public wishing to speak in opposition? Hearing none on both occasions, Chair closes public hearing. Any additional discussion? Is there a motion? Patrick. I'd like to make a motion that we approve 2008-0529. Klusczinski: I would amend that motion so that we would have the City Forester's opinion on record also in accordance with this particular project but I have no reservations about it. Motion has been made and amended is there a second to the amendment? Chase: Second. Klusczinski: Motion has been made, amended and seconded. Any additional discussion? Hostetler: Staff requests clarification. What did you mean by your comments? Klusczinski: I would prefer that we have the City Foresters approval on this project. Hostetler: It is. He's the one that made the application. Klusczinski: Oh, it's on the back of this. I see. Well, that won't hurt the motion at all, no big deal. Any additional discussion? Hearing none. All in favor? (Ayes are heard) Opposed? (Silence) Motion carries. Moved: Patrick Second: Chase Approval of 2008-0529 Approved 5-0 Application Number: Property Location: Property Owner: Landmark or District Designation: Rating: 2008-0604 710 Park Avenue Georges Enderle Local Landmark in Chapin Park NR/LHD Outstanding STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This Eclectic Italianate was built for Mary Chapin Anderson and Andrew Anderson between 1875 and 1877. Four generations of the Anderson- DuShane family lived in this house until 1962. This is one of the most significant residential architectural structures in the city of South Bend and in Chapin Park. APPLICATION ITEMS: Ref irbish/restore/retrofit existing window sashes in the bay area as described in annex, (See Exhibit A). Old glasses will be stored in basement. CHAPIN PARK STANDARDS AND GUIDELINES; C. Windows and Doors Required: Original windows and doors shall be retained including sashes lintels, sills, shutters, decorative glass, pediments, 14 hoods and hardware. When deteriorated beyond repair, they shall be replaced with unites and trim resembling_ the original. - GROUP B LANDMARK STANDARDS: b. Treatment: Treatment shall be defined as any change of surface materials that will nor alter the style or original form. Such improvements include reroofing, glazing, or landscaping lawns and may involve a change that can potentially enhance or detract from the character of the landmark.... RECOMMENDATION: Staff recommends approval. Mr. Spigelmyer's proposal meets the Chapin Park Guidelines and Dr. Enderle's need for insulated glass in his bay windows. Klusczinski: Thank you. Your name and address for the record,. please. . Enderle: My name is Georges Enderle, and I'm happy to present this proposal. Richard Spigelmyer visited my house and inspected and examined the windows quite thoroughly and so as you know he has experience over 40 years in old houses and he's quite an expert in thatfield. Sassano: And a good guy. Enderle: So he proposed restoring, refurbishing and retrofitting in 12 steps and it's explained here so we will store the old glass. Basically the old sashes will be restored and inside the sashes a double pane window would be retrofitted. That's it. Klusczinski: Ok, any questions for the petitioner? Just a clarification, these are not leaded windows for anyone that may have forgotten this particular bay area. They're standard windows and they're on the western fagade, no the northern fapade, and the front of the propertyfaces west. Enderle: Yes. Klusczinski: Any other questions for the petitioner? Hearing none, we move to Commission discussion. Thoughts or comments? Sassano: I'll just add that Richard Spigelmyer is about as good as it gets when it comes to restoring windows, so I commend Dr. Enderle on going to that extent. I'm sure that you'll appreciate the end result. Chase: I appreciate your patience with us. You area caretaker of a wonderful house. Klusczinski: Without further discussion we'll move on to public hearing. Is there any member of the public wishing to speak on behalf of the current petition? Hearing none. Any member of the public wishing to speak in opposition to the current petition? Also hearing none, Chair closes public hearing. Any additional discussion Commissioners? None? Is there a motion? Patrick. I'll move that we approve application 2008-0604_ as submitted. Motion is made is there a second? Ujdak: Second. Klusczinski: Motion has been made and seconded. Any additional discussion? All in favor? (Ayes are heard) Opposed? (Silence) Motion carries. Moved: Patrick Second: Ujdak Approval of 2008-0604 Approved 5-0 Application Number: 2008-0605 Property Location: 215 W. North Shore Property Owner: Ryan Dvorak Landmark or District Designation: W. North Shore LHD Rating: Non Contributing STATEMENT OF SIGNIFICANCEMISTORIC CONTEXT: In 1903 Samuel Leeper sold off a portion of his farm located at Section 1 Township 37 north range #2, all of which would make up Navarre Place Addition to the City. He sold this property to the Home Improvement Company for $7,500.00. They sold Lot 22 of Navarre Place to Franklin and Carrie Carson in 1904. A year later the Carson's built this American 15 four Square. Mr. Carson was a dentist and eventually became Mayor of South Bend. The Carson's resided there until 1991. APPLICATION ITEMS: #1 Remove Aluminum siding and repair siding and trim. Prime and paint original clapboard siding. #2 Reconstruct front porch per attached drawings (Al & A2 -with detailed project description) Design based on old postcards of house (copies attached). See Exhibit A West North Shore Standards: VII GENERAL: House alterations, restoration, preservation and rehabilitation shall be such as to not change a house to a style previous to its original style. No mention has been made in these standards about color. We trust restraint and good taste will be exercised. III. STRUCTURES C. Porches and Steps Which are Readilv Visible From the Street: Permitted: Replace porches and steps with materials matching the original as closely as possible. A cement porch floor is permitted for the structure on Lot 12. Klusczinski: And the petitioner is present, could you please state your name and address for the record? Dvorak: Sure, Ryan Dvorak 215 W Northshore Drive, along with my wife Angie Dvorak who's back there. Crumlish: I'm Brendan Crumlish with Studio B Architects. Klusczinski: You're entitled to a 15 minute presentation. Dvorak. We're just trying basically to restore it back to it's original appearance. We're in the first block of Northshore Drive and we're one of the few non-contributing houses because in the 1950's they took off the porch, added the siding. We're going to take it back to how it looked before that happened. We don't have extremely detailed picture of the porch, only those postcard views and so that's guided the design here. If we find more detailed images as we go we'll try to get it closer, but that's the best image that we can find of how the porch originally looked. Klusczinski: Any questions for the petitioner? Ujdak: Yes, bless you. Klusczinski: That wasn't a question! Ujdak: I commend you. Sassano: Is the new porch to be black? Crumlish: No, I bet that's 'brick'. Sassano: Yeah, you know I have to ask too because I love doing these projects and you always have to ask why they took it off. Any luck in figuring out why they took it off? Dvorak: You know, I don't know when they took it off they put in this white stone patio thing. They replaced the piers and I think that they just decided that it looked neater? I cant' really say. Crumlish: It rotted out. I'm pretty positive that that handrail up there wasn't flashed to the roof and it rotted out and the roof just leaked and eventually just degraded everything, the ceiling and then it was just demolition by neglect. Sassano: Yes, it had a flat roof. Crumlish: It appears to be or a very low slope. Dvorak: The back service porch or our mud room area has a flat metal roof with boxed gutters so I imagine that's what probably what the front porch originally had. We've put a 1/12 slope on this which is pretty close to flat. Klusczinski: Any other questions? Sassano: Can it be designed so that we can't see it? Crumlish: Oh, you're not going to be able to see the black there's quite a rise in elevation to this house, you won't see it...the roof and it's 1/12... Hostetler: There's steps that go down. Sassano: It's just that as you're walking down the sidewalk, as low as you can get it, I mean, obviously you want the water to, I mean you don't want the same problem again. Klusczinski: Any other questions? We'll move to Commission discussion. Thoughts, comments? Chase: It's nice to see a house restored. EL Klusminski: Yes, it is. On to public hearing. Any member of the public wishing to speak in support of the current petition? Any member of the public wishing to speak in opposition of the current petition? Hearing none on both occasions, Chair closes public hearing. Any final thoughts or discussion? None? Is there a motion? Patrick, I'll make a motion that we approve application 2008-0605A, oh wait, excuse me, I'm looking at the next one. I move that we approve 2008-0605 at 215 W Northshore. Klusczinski. Motion has been made is there a second? Chase: Second. Klusczinski: Motion is made and seconded. All those in favor signs by saying aye. (Ayes are heard) Opposed? (Silence) 2008-0605 is approved. Moved: Patrick Approval of 2008-0605 Application Number: Property Location: Property Owner: Landmark or District Designation: Rating: Second: Chase Approved 5-0 2008-0605A 818 Leland Peg and Steve Luecke Chapin Park NR/LHD No Rating STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: Built prior to 1899, maybe 1894, this house was an investment property. Dennis (Dewey) Shoemaker, a tea salesman, rented the house for a short time and resided here with his wife, Agnes, and son, Ellsworth. George H. Leslie, an engineer, purchased the house by 1906. He and his wife, Florence, raised four daughters: Florence, Consuela, Blanche and Rita. The house had a 6'x8' addition on the second floor in 1942 and an outside entrance to the basement created in 1946. The house was not included in the 2005 Survey of the City of South Bend. APPLICATION ITEMS: Convert from a 3 -unit apartment house to single-family dwelling. Scope of work - Exterior: 1.4'x8' addition to create new rear entry, reuse existing door and redo back hip roof to accommodate addition and replace flat roof section (See Sheet A). 2. Remove two kitchen windows, E side, replace with shorter double window and remove one bathroom window, E side, replace with skylight or high horizontal window (See sheet A). 3. Install three square windows in dining room N wall (See Sheet B). 4. Remove on kitchen window N side; replace with shorter window (See Sheet Q. 5. Repair foundation as needed- install glass blocks at window (See Sheet D). 6. Remove side door, N side of house; install window nd (See Sheet D). 7. Remove entry door to 2 floor apt., S side of house; install small window (See Sheet D). 8. Relocate fir tree on south side (See sheet D). CHAPIN PARK STANDARDS AND GUIDELINES: Please refer to pages 68-78 for this COA. RECOMMENDATION: 1. The Staff recommends approval because it conforms to the guidelines for new construction and is improving the roofline at the rear of the house and the changes will not be visible from the street. 2. Staff recommends approval of the 2 kitchen windows and the changes for the bathroom window in this later addition to the house. 3. Staff "recommends approval of the removal of the non -original door and its replacement with three fixed windows to accommodate a dining room. Change will also not be noticeable from the street. 5. Staff recommends approval of the repairs in the foundation. The use of glass block is not recommended (page 78) however, its use in this case will be in the basement window and not visible from the street because of landscaping and can be allowed if a suitable substitute such as LEXAN is not feasible for this application. 6. Staff recommends approval of the removal of the non-original/non-contributing entrance (0) and the modification of the window in the later addition to the house. 7. Staff recommends approval of the non-contributing door with the option to install a window or replace with siding. 8. Staff recommends approval of the relocation of the tree that is too close to the house and compromising its foundation. The staff has already approved the removal of the siding materials and the restoration and painting of the original clapboards, shingles and trim. Included in the staff approvals were: in-kind re -roof, porch and step restoration, sidewalk and curb restoration and removal of old garage concrete pad and a concrete platform in the rear of the house. 17 RECOMMENDATION: #1. Staff Recommends approval as the proposal is to return the house to its original appearance with painted wood siding. #2. Staff recommends approval as this proposal is reconstructing an original feature to the house based on historic documentation. (See Photographs 1-3 for current view of exterior and current porch conditions) Luecke: Thank you Catherine, Steven Luecke, reside at 810 Leland, 2 doors down the street from us. First I want to thank the staff, they've been very helpful in helping us to move forward with this project, we're looking forward to converting this back to single family. We appreciate the staff approval to allow us to take off the old asphalt siding and we were excited to discover cedar shakes in the upper level of the house. We'll be repairing and painting those, unfortunately they were painted in the past so we can 't stain them. Of course, we uncovered the clapboard siding on the first floor. This is a modest house but it will I think become a contributing house for the historic district after we're able to complete the work. Just a couple of questions... some of the window concerns have to do with configuration of the inside of the house. We believe that the original kitchen was in the NE corner, it was a very small kitchen so we're enlarging it to make it more adaptable to modern usage. That calls for the moving for the two windows at the rear of the house and combining a double window so that they don't' conflict with counter placement. There is a #4 also in the application items that was not covered in the recommendations. That was a kitchen window on the north side of the house which would stay in the same place but would be a shorter window in that place which would allow a kitchen counter to run along that wall. Concerning the glass blocks, there are 3 basement windows 2 on the south, none are really visible from the street. We asked for the glass block for a couple of reasons; I for security reasons and 2 for ventilation to get into the basement, it's an old Michigan basement. It really needs to have some ventilation in there so we would put in glass blocks with a vent in it and a window for a variety of reasons is impractical. The window line is actually below grade. I know you can put a window well and stuff, but it wouldn't be practical in terms of opening for ventilation. There is a 3rd window that we didn't mention on the back of the house on the addition where the bathroom is, there's a concrete blockfoundation there, we'd actually propose to fill that in with additional concrete block. There's no need for a window or glass block. If I need to amend we will certainly do that. Again, because the house had been converted to apartments, you can see that the there was an additional entry on the south side of the house, we're removing that and we'd like to be able to put a smaller window in there because the stairway comes down at that point and to let some natural light into the stairway right there would be helpful. We can't put a full sized window in there because I need to have turning stairs at that location to bring the stairs down into the living room. Is there anything else? That covers it pretty much, but I'd be glad to answer any questions that you might have. Chase: It's a big project. Luecke: It is a big project, it's more than we really wanted to take on at this point, but... Chase: And we just do the outside, you've got the whole inside to deal with too. Luecke: The house had been seriously under invested in over a number of years. Klusczinski: Would you be willing to formally amend the petition right now to state that the window in the back would be blocked in so that we can consider that? Luecke: Yes. Klusczinski: Any objection from counsel? Meteiver: No. Hostetler: And staff would also recommend approval of the shortening of the kitchen windows... Klusczinski: And that was that number 4 item? Hostetler: Yes, because it really wouldn't be that noticeable from that angle from the street. Luecke; And it doesn't take it up much, maybe... . Hostetler. About two, the width of two of those little clapboards and that's about it, it's very minor. Klusczinski: Any other questions for the petitioner? Chase: Would you like to do some more houses? Luecke: Well, the house between our house and this house we also own, and we took the siding off years ago and have restored the. wood siding and painted it. It makes a huge difference and we're believers in restoring houses and adding to the neighborhood. Sassano: What, were you a carpenter or something? Luecke: Yep, unfortunately. Ujdak: How long have you owned this home? Luecke: We've owned. this home... we bought in January, it was foreclosed on and we bought it after the foreclosure. I'm still not sure that we'll make any money on it, hopefully we'll just break even. In the long run we'll earn a return on it just for the improvement in the neighborhood. Klusczinski. Any other questions? None? Commission discussion? Sassano: I wanted to commend the illustrations. Luecke: Peg did those. Sassano: Tell Peg I'll call her when I need some work done. Luecke: We took some photos and she did the Photoshop and it really did ... yeah—it really helps you to see. Thank you. Klusczinski: Very good, we'll open public hearing. Any member of the public wishing to speak in support of the current petition? Hearing none, any member of the public wishing to speak in opposition to the current petition? Also hearing none, Chair closes public hearing. Any additional discussion Commissioners? Is there a motion? Patrick: I motion that we approve application 2008-0605A as amended. Klusczinski. Thank you. Motion has been made to approve C of A 2008-0605A as amended, is there a second? Chase and U dak. Second. Klusczinski: For the record, Chair heard Commissioner Chase slightly ahead of Commissioner Ujdak for the second. Any additional discussion? All those in favor? (Ayes are heard) Opposed? (Silence) C ofA 2008-0605A is approved. Luecke: Thank you Commissioners. Moved: Patrick Second: Chase Approval of 2008-0605A as amended Approved 5-0 B. LANDMARKS - None C. NATIONAL REGISTER NOMINATION — None. III. REGULAR BUSINESS A. APPROVAL OF MINUTES Moved: Chase Second: Klusczinski Approval of Minutes of 5/19/2008 Approved 5-0 Moved: Klusczinski Second: Chase 5/23/2008 Continued for clarification Approved 5-0 Moved: Chase Second: Sassano Approval of Minutes of 4/16/2008 5:15 Approved 5-0 19 Moved: Chase Second: Klusczinski Approval of Minutes of 4/16/2008 5:45 Approved 5-0 B. TREASURER'S REPORT Submitted as presented. C. STAFF REPORTS 1. Correspondence 2 thank you notes and the copy of the Preserve America letter from First Lady Laura Bush were circulated. 2. Director — Catherine Hostetler Distributed to Commission. 4. Assistant Director — Amy Herdman Distributed to Commission. 5. Legal Counsel — Larry Meteiver Counsel informed the HPC that Attorney Rhodes has filed another appeal, this time to the Circuit Court, regarding the constitutionality of the authority of the HPC. Counsel will be in contact with Mr. Rhodes to determine if the outcome of tonight's vote on C of A 2008-0604 will affect this appeal. Counsel will include that information in his July report. C. COMMITTEE REPORTS 1. President's Report — Tim Klusczinski Continued until next meeting. IV. OLD BUSINESS V. NEW BUSINESS Commissioner Ujdak suggested that either Director Hostetler or President Klusczinski meet with Interim Superintendent Kapsa regarding Marquette and other issues. VI. HEARING OF VISITORS No one asked to be recognized. ADJOURNMENT Attest: Moved: Patrick Second: Approved: Jerry Ujdak Secretary Historic Preservation Commission of South Bend & St. Joseph County Ujdak 5-0 Date 20 SPECIAL MEETING OF THE HISTORIC PRESERVATION COMMISSION May 23, 2008 12 NOON HPC CONFERENCE ROOM Called to order at 12:05 pm Members attending: Lynn Patrick, Jerry Ujdak, Mary Jane Chase, Todd Zeiger, Linda Riley, Timothy Klusczinski Staff attending: Larry Meteiver Public Present: Kevin Griffith, petitioner, 2008-0513 Meeting convened to discuss two matters, an amendment to C of A 2008-0513, and an alley vacation request in the Riverside Drive local historic district. Klusczinski: Thank you, onto the first topic on the agenda The applicant, Mr. Gr ff th, made a presentation at our last HPC meeting under Public Comments, addressing a current C of A issued by staff dated 05113/2008, and previously staff approved Mr. Grath indicated that there would be a change to this particular C of A and he was asking for consideration for a different window to be applied to the rear of the property. Because that's not a staff approved issue, the Commission agreed to convene a special meeting to consider that topic in the interest of time and material ordering dates. The original C of A read. "the HPC of South Bend & St Joseph County has reviewed the proposed work~ replacement windows in rear of house designed to match the remaining configuration of originals- 6 over L " Mi: Griffith could you state your name and address for the record and describe for the Commission and describe what alteration you would like to see to amend this C of A. Griffith: Sure, thank you. I'm Kevin Griffith 1118 E Wayne Street. What were looking to do is with the two first floor windows in the kitchen, as opposed to the 6 over 1, we're looking at 9 light windows which would match the door of the 1980's work that had been done, that's a 9 panel, as well as characteristically the dormer in the front of the house. We see the windows for the kitchen being more with that period, and those are 9 as well. Klusczinski: For the record, Chair is sharing pictures of thefacades of the house and the rear as it exists, photos date from May 20, 2008 from our field representative. So, basically, you have a 9 panel or 9 light door and the other two windows that are in the rear of the property, the 2 x2 and a 3, you're proposing a 9 light window for both of those locations? Griffith: Correct. Klusczinski: Is there any member of the Commission that has questions for the petitioner? Zeiger: Just for clarification, those windows that you were showing, those were replacements done in the 1980's? Griffith: Yes, some time in the 1980's. Riley: We saw a picture of your windows the other night where the smaller kitchen windows came out like this, right? Griffith: The ones that we're looking to put in? Correct. Riley. Now, what about the ones that are in your other room? They're bigger, are they the same? Griffith: Yes, they push out also. That's relevant to both sizes of windows, yes. Riley: Ok; so it's one solid window with 9 panes. Griffith: Correct. Ujdak. Each half is 9, correct? Griffith: Correct. Klusczinski: Any other questions for the petitioner? Hearing none, we'll move on to ... oh. Chase: On the front, are these I by 1, am I seeing a blind through, or are those 1 by I on top? Zeiger. Those dormer windows look like they're 3 over, 3 lights over 3 lights... Chase: Are they? Griffith: Yes. Ujdak: That's a shutter. Are you looking at this? Zeiger: 3 lights over 3 lights. Ujdak: That looks like some kind of shade or something. Griffith: And that's the same window basically that we're looking to put into the back Chase: Were those replacements? Griffith: No those are originals, and we're trying to restore the originals. These are originals, all of the windows in the front are original to the home with the exception of this and the original C ofA allowed us to put French doors there, which is what was there originally. So basically, we're trying to get all of the original stuff.. Ujdak: Back to the way it was? Griffith: Yes. Chase: Oh, right because you're doing the pergola over this? Griffith: Thinking about it. Klusczinski: Any other questions? We move on then to Commission discussion. Just for the record, the survey card for the property shows some precedent for a 9 over 9, and I'll read under Item 15, description "... attenuated 9 over 9 double hung windows with wood casings ". Just as part of the record. Ujdak: What make are the windows? Griffith: They're wood. Ujdak: What make... Pella or what? Riley: He's having them custom made. Griffith: Yes, custom made. Klusczinski: Any other Commission discussion? Hearing none, Chair opens public hearing. Any member of the public wishing to speak in support of the current petition? Any member of thepublic wishing to speak in opposition to the current petition? Also hearing none, Chair closes public hearing. Any other comments, Mr. Griffith? Griffith: No, just thank you for putting this together on a holiday weekend, I appreciate it. Klusczinski: Chair will entertain a motion for this certificate. For the record, this would be C ofA 2008-0513 as amended. Zeiger: So moved. Riley: Second. Klusczinski: Motion has been made and seconded, any additional discussion? Hearing none, all in favor? (Ayes are heard) Opposed? (Silence) Staff will provide you with a copy of the updated C ofA with the alterations reflected. Moved: Zeiger Second: Riley Passes Unanimously President Klusczinski reviewed the alley vacation request, specifically: "The alley to be vacated is the fust east/west alley south of the Golden Avenue from Riverside Drive a distance of 120 feet and width of 14 feet." The alley vacate petition is in process and is scheduled to be heard by Common Council on May 27, 2008. The focus of the HPC review and consideration of this topic was to determine if the HPC has any jurisdiction and/or any place in this process before this, or any other alley vacate in a local historic district or adjoining a landmark, reaches Common Council for consideration. Counsel was asked to review the vacation request process from the homeowners initial request, through the contacts that are made with various city agencies, i.e. Fire, Police Department, Redevelopment, etc. The purpose of that contact is to solicit opinion and any objection(s) to the request. Common Council has the jurisdiction under state statutes to allow or disallow the vacation request. Counsel also reviewed the allowable objections to such a request. Counsel explained that, at present, the HPC doesn't have a prescribed role in the consideration of alley vacates, but that any private citizen is allowed and encouraged to speak either for or against such a request if they perceive that it effects them. Per Counsel, the first foreseeable insertion of HPC input may not come until or unless the alley is vacated by Council, and then the homeowners wish to build upon it or alter it in a way that would require a C of A. Thus, it is Counsel's opinion that the HPC does not, at this point in the process, have purview, but any individual member affected by the petition may be heard and considered. President Klusczinski clarified that the current petition is being heard pursuant to IC 36.7-3-12 Alleyway Vacation procedures, and the HPC has no place in that particular process, also Zoning Chapter 21, Sect 21-13.02 Powers and Duties of the Historic Preservation Commission. Because the alley doesn't qualify as a "structure" and because the use of the alley is not changing (as far as is known at this time), the Zoning code cited also does not provide for HPC input in this matter. President Klusczinski expressed concern that because the HPC doesn't have a currently have a place in the vacation petition process, homeowners might pursue vacation with a plan to build or alter the alleyway, leading to confusion or frustration after the vacation is secured without understanding that a C of A would then be needed to further pursue their plans. Aside from that consideration, the conclusion is that the HPC does not have any obligation to take any action, unless individual members wish to be heard due to their personal reservations about the request. President Klusczinski polled Commissioners to determine if any Commissioners held the opinion that to allow an alley vacation was a compromise of the "historic viability" of the District. Commissioner consensus was that no Commissioner wished to pursue this petition formally. I Commissioner Chase relayed that petitioners must state the reason for their vacation request, so their prospective plans should be known at the outset of the process; although it's possible that homeowners could be duplicitous in their filing. President Klusczinski relayed the details of the petition, per the petitioner, without specific knowledge of the truth or untruths of the contents. Commissioner Zeiger suggested that possibly the extent of HPC involvement should be to ensure that homeowners know that any subsequent building or altering of a vacated alley within a historic district must come before the HPC, but until a C of A is received, then its just conjecture to discuss what a homeowners plans might be. President Klusczinski closed the matter, and thanked Commissioners for their participation. Moved: Zeiger Second: Ujdak For adjournment Passes Unanimously Location Budget as of 06-30-2008 Note: Includes transactions after the last posted date of 01-01-2008. Fund: 001 County General for 01/01/2008 thru 06/30/2008 Loc: 037 Historic Preservation Account Total Original Object Description Appropriation 11075 Deputy Director 30,000.00 000 General GovT. Balance/Percent 11309 Historic Preservation Admin. 36,050.00 000 General GovT. 15,300.46 10000 Totals »»»»»»»»»»»»»..... »>• 66,050.00 21030 Office Supplies 700.00 000 General Gov'T. 36,050.00 22010 Gas Oil & Lubricants 880.00 000 General GovT. 22120 Garage & Motor Supplies 700.00 000 General Gov'T. 66,050.00 20000 Totals »»»»»>'»»»»>•»»»»»»»>•» 2,280.00 31070 Other Contractual Services 29,000.00 000 General GovT. 50.45, 32010 Mileage Allowance �(.,lij[+.,!/J- 0.00 000 General GovT. �� ,a,/C 587.16 32020 Travel l _ �. `G• �/ 500.00 000 General GovT. 70.57 32050 Instruction & Training 900.00 000 General GovT. 628.95 32053 Public Relations 1,570.00 000 General GovT. 66.68 32200 Telephone 160.00 000 General GovT. 606.11 32350 Postage 2,588.00 000 General GovT. 86.59 User ID ksobecki Saint Joseph County Addt'UAdj Total Unencumbered Unexpended Appropriation Appropriation Encumbrance . Expenditure Balance/Percent Balance/Percent 0.00 30,000.00 0.00 14,699.54 15,300.46 15,300.46 51.00 51.00 0.00 36,050.00 0.00 18,025.02 18,024.98 18,024.98 50.00 50.00 0.00 66,050.00 0.00 32,724.56 33,325.44 33,325.44 50.45, 50.45 131.98 831.98 69.69 175.13 587.16 656.85 70.57 78.95 63.18 943.18 0.00 314.23 628.95 628.95 66.68 66.68 0.00 700.00 0.00 93.89 606.11 606.11 86.59 86.59 195.16 2,475.16 69.69 583.25 1,822.22 1,891.91 73.62 76.44 4,315.50 33,315.50 0.00 16,624.00 16,691.50 16,691.50 50.10 50.10 0.00 0.00 0.00 49.95 (49.95) (49.95) 0.00 0.00 0.00 500.00 0.00 0.00 500.00 500.00 100.00 100.00 0.00 900.00 0.00 0.00 900.00 900.00 100.00 100.00 190.00 1,760.00 0.00 279.12 1,480.88 1,480.88 84.14 84.14 0.00 160.00 0.00 0.00 160.00 160.00 100.00 100.00 392.88 2,980.88 0.00 1,186.95 1,793.93 1,793.93 60.18 60.18 07/01/2008 03:02 PM Page 77 LocatioMdget as of 06-30-2008 Saint Joseph County Note: Includes transactions after the last posted date of 01-01-2008. Fund: 001 County General for 01/01/2008 thru 06/30/2008 Loc: 037 Historic Preservation Account Original AddYUAdj Total Unencumbered Unexpended Object Description Appropriation Appropriation Appropriation Encumbrance Expenditure Balance/Percent Balance/Percent 33010 Publication Of Legal Notices 300.00 0.00 300.00 0.00 86.64 213.36 213.36 000 General GovT. 71.12 71.12 33100 Printing 1,200.00 3,416.00 4,616.00 0.00 3,488.20 1,127.80 1,127.80 000 General GOVT. 24.43 24.43 37100 Auto Lease 300.00 0.00 300.00 0.00 0.00 300.00 300.00 000 General GovT. 100.00 100.00 39010 Dues & Subscription 300.00 0.00 300.00 0.00 27.00 273.00 273.00 000 General GovT. 91.00 91.00 39600 Refunds, Awards & Indemnities 0.00 0.00 0.00 0.00 5,529.42 (5,529.42) (5,529.42) 000 General GovT. 0.00 0.00 39750 Data Processing 400.00 2,208.60 2,608.60 0.00 2,208.60 400.00 400.00 000 General GovT. 15.33 15.33 30000 Totals "".."""""........ """""" 37,218.00 10,522.98 47,740.98 0.00 29,479.88 18,261.10 18,261.10 38.25 38.25 Location Totals """"""""""""""""`"""""` 105,548.00 10,718.14 116,266.14 69.69 62,787.69 53,408.76 53,478.45 45.94 46.00 Investment Accounts 0.00 Transfer Accounts 0.00 62,787.69 User ID ksobecki 07/01/2008 03:02 PM Page 78 i Location Budget as of 06-30-2008 Saint Joseph County Note: Includes transactions after the last posted date of 01-01-2008. Fund: 013 County Special Gifts for 01/01/2008 thru 06/30/2008 Loc: 037 Historic Preservation Account Original Addt'VAdj Total Unencumbered Unexpended Object Description Appropriation Appropriation Appropriation Encumbrance Expenditure Balance/Percent BalancelPercent 00000 Gen Govt 0.00 9,123.25 9,123.25 0.00 0.00 9,123.25 9,123.25 000 General GovT. 100.00 100.00 00000 Totals "`***•'•`•••'••'••*••*••••`•••*••••'*** 0.00 ' 9,123.25 9,123.25 0.00 0.00 9,123.25 9,123.25 100.00 100.00 23240 Other Supplies 0.00 2,846.00 2,846.00 0.00 173.75 2,672.25 2,672.25 000 General GovT. 93.89 93.89 20000 Totals **•****"•**.``•`*""`****""*`*'•**** 0.00 2,846.00 2,846.00 0.00 173.75 2,672.25 2,672.25 93.89 93.89 Location Totals'•"`**•••""•*••••••••••••••**••••••••• 0.00 11,969.25 11,969.25 0.00 173.75 11,795.50 11,795.50 98.55 98.55 Investment Accounts 0.00 Transfer Accounts 000 173.75 User ID ksobecld 07/01/2008 03:02 PM Page 147 City of South Bend, St. Joseph County and the HPC June 30, 2008 Environmental Reviews: 2002 86 2006. 96 2003 94 2007 224 2004 115 2008 107 2005 249 Certificates of Appropriateness 2005 80 City of South Bend 2006 105 2007 107 2008 47 106 Reviews 2006 3 City of South Bend 2007 3 2008 5 I St. Joseph County 3 3 1 11 St. Joseph County 6 4 INVENTORY Structures in National Register Districts: 1,667 in City of South Bend 0 in St. Joseph County Single Sites -National Resister Landmarks: 32 in City of South Bend 2 in St. Joseph County Structures in Local Historic Districts 748 in City of South Bend 0 in St. Joseph County Local Landmarks 130 in City of South Bend 73 in St. Joseph County Director's Report July 2008 June 17 Rotary Board of Director's Meeting, Botanical Society of South Bend and the Zoo meeting; tour and evaluation of the Local Landmark Burke Building with Rev. Wm-Wassner, Director of the United Religious Community as a potential place for their programs. June 19 Luncheon at Windsor Park: Economic Club of Michiana presentation on Energy Prices by NDU Professor Gresik. Tour and evaluation of 501 N. Main with URC Director, Rabbi from Sinai and Ed Levy (owner) as a possible place for their program. Executive Committee meeting of Botanical Society of South Bend. June 23 Presentation to Common Council with Todd Zeiger of HLFI of the Sites and Structures Survey of South Bend. June 24 Met with Chris Davey, President of Grubb & Ellis/ Cressy & Everett concerning the landmarked Bauer property at 16021 Cleveland Road. June 25 Meeting with Terry DeRosa, Director of Potawatomie Zoo and the Botanical Society Executive Board. June 26 Follow up with Tony Samuels at DLGF concerning Bond issue and Marquette School. Contacted Bill Latoza for a follow up on Ed Torrez's letter to Cheryl Musgrave. June 27 Follow up with information for Chris Davey; provided information to Russ Luchies on the Birdsell Mansion for an article he was writing on the repair and reconstruction of the chimneys. Met with Phyllis Emmons, HR Director July 1 Meeting with Terry De Rosa and the BSSB, Executive Committee July 3 BSSB Executive Committee meeting July 8 Rotary Foundation meeting at Indiana Trust,arranged for John Carlson to install the ARCGIS9 system on all Office Computers; made formal presentation to County Council of the St. Joseph County Survey July 10 Field work at 521 River Avenue and 234 South Coquillard July 14 Northern Indiana Center for History Finance Committee meeting. July 15 Rotary Board meeting at WSBT on Douglas Road July 17 Evaluated 16021 Cleveland Road with Todd Zeiger for his opinion on the moving of the outbuildings and the re -location of the house. Also on site was Tim Lykowski performing same evaluation for Chris Davey. Evaluated White Oak at14228 SR 23 jeopardized by sidewalk project. Participated in the BSSB Executive Committee meeting at the General Store. July 18 County Commissioner Democratic Candidate, Dave Thomas, Golf Outing at Whispering Pines STAFFAPPROVALS APRIL l -JUNE 30, 2008 COA #20080401 830 PARK CHIMNEY REBUILD COA#2008-0414 319 MADISON IN-KIND PORCH REPAIR COA#2008-0415 1524 E WAYNE RE -ROOF COA#2008-0417 619 EDGEWATER TREE REMOVAL"' COA#2008-0421 838 PARK STEP/RAIL REPLACEMENT COA#2008-0501 532 RIVER RE -ROOF COA#2008-0514 627 PORTAGE RE -ROOF COA#20080516 1201 RIVERSIDE TREE REMOVAL COA#20080528 818 LELAND REPAIR/REPLACEMENT COA#20080528A LEEPER PARK W. TREE TRIM IING COA#2008-0528B RIVERSIDE/ANGELA TREE TRIrvRv1ING COA#2008-0602A 708 N. ST. JOE REMOVE SIDING &PAINT COA#2008-0604A 511 W. COLFAX IN-KIND CHIMNEY REBUILD COA#20080604B 1061 RIVERSIDE IN-KIND PORCH/FENCE REPAIR/REPLACEMENT COA#20080611 1520 E WAYNE IN-KIND FENCE REPLACEMENT COA#2008_0618 813 ASHLAND RE -ROOF COA#20080619 629 RIVERSIDE RE -ROOF COA#2008-0620A 815 FOREST TREE REMOVAL COA#2008-0623 129 W. NO.SHORE TREE REMOVAL COA#2008-0626 1061 RIVERSIDE RE -ROOF COA#20080627 LEEPER PARK W. TREE REMOVAL -ALLTREE WORKAPPROVED BYBRENTTHOMPSON, CTTYFORESTER Assistant Director's Report HPC Meeting —07/21/2008 ■ Created W Washington Walking Tour packets for delivery to: Center for History, Tippecanoe, The Oliver Inn, The Cushing Manor, The Queen Anne and the Inn on West Washington. Delivered packets with Jennifer Gregar's assistance. ■ Generated press release about West Washington Walks availability online. ■ Collaborated with County, City, DTSB and the Center for History to make pod cast available on their respective websites. ■ Awaiting County Commissioner consent to make grant application to NEH on behalf of City Cemetery. Began soliciting letters of support. Grant deadline is 7/31/2008, we may not make it! ■ Received notification that St. Joseph County had also been designated a Preserve American community. We're 2 for 2! ■ Attended NAPC Forum in New Orleans. Great experience. I got to meet Ron Anzalone, Director of Preserve America, and got to hear John Nau, Director of the Advisory Council on Historic Preservation speak. Motivating! All travel and registration was covered by scholarship at no expense to the HPC. ■ Solicited suggestions for annual Six at Risk list. ■ Began work on Fall Newsletter. ■ Compiled 2 year grant total at Catherine's request. Total grant, stipend, fellowship monies personally generated 2006-2008:$19,250.00. ■ Compiled information for presentation to the Parks Board regarding a request to commission the preparation of a Preservation Plan for City Cemetery. Will present the request at Parks Board meeting on 7/21/2008. ■ Made plans with HLFI for guided walking tours of W Washington Street for ND Football Fridays. Made flier, completed Public Works paperwork. ■ Scheduled Preserve America information meeting for July 30, 2008. Will distribute flier. 0 Attended Code hearing regarding 620 S Carroll. (Taylor's Field) ■ Wrote two part article for South Bend Tribune (will run in August). ■ Wrote follow up letter to KPEF, providers of my travel stipend. Complied with all stipend requirements. ■ Monitored Code proceedings re: 612/614 S Carroll Street, and reported back to neighborhood association on the relevant updates. ■ Chatted with Public Works regarding district street signs. No progress yet! Historic Preservation Commission President's Report — May 23rd to July 21St, 2008 • 5/23 — HPC Special Meeting (conference room) to consider C of A # and to discuss findings of fact regarding a Riverside Drive alley vacation. • 6/10 —Attended Groundbreaking for the American Trust Plaza Development/Rehabilitation Project and City of South Bend Media Event regarding "Preserve America" designation. • 6/16 — HPC Monthly Meeting • 07/09 thru 07/13 NAPC Bi -annual Forum "National Alliance of Preservation Commissions" (New Orleans, LA) o 7/10 -Bus Tour of New Orleans, including Canal Street, the French Quarter, Holy Cross Parish, Sculpture Garden (New Orleans Museum of Art), Lake Pontchartrain Shoreline and other points of interest. ■ Perhaps the most compelling and over -reaching aspect of the tour was to witness the effects of Hurricane Katrina damage. Now, just three years after the devastation, the city is strongly invested in the task of "rebuilding" its property and the local economy. ■ Today no area is restricted. Owners are afforded the privilege of returning to their properties (wherever they may be) for the purposes of rehabilitation or reconstruction. ■ The storm impacted the city in two ways. Flood and wind damage. Fortunately, recognizable tourist areas suffered more from wind than water and were quickly repaired to bring the economy back online. It was revealed that locally owned businesses (Mom and Pop shops) were largely responsible for this development. Since those operators were deeply invested within the community — New Orleans was their home, they needed income to rebuild their residence, along with a strong cultural connection to heritage. Many of the chains and franchises pulled the plug and opted not to rebuild for better return on investment opportunities (elsewhere). And so community spirit more than outside investment claims the most credit for the Crescent City Comeback. ■ National awareness continues to spur further renewal. Examples are Brad Pitt, Harry Connick, Jr. and Musicians Village. Recovery continues to be slow but steady. Some estimates state that there are 30-40,000 vacant, damaged and abandoned properties left. The City is funding the demolition of 10-15/week. Resources are thin. There's just not enough financial relief to proceed more rapidly. ■ The call for demolition is regretful but necessary in the course of recovery. New Orleans is strongly aligned with historic preservation. However, the foreseeable delay in bringing many properties back against a noticeable infestation (rodents) or other safety hazards rearranges philosophical priorities. Much architecture and history (especially in the residential districts) will be permanently lost well before recovery is complete. P. ■ The redevelopment of many historic residential communities is now subject to liberal interpretations of the standards to offset as much demolition as possible— Business district fagade control is mostly unaffected. Tourists that remain witlim these areas would not realize the devastation and the impact of the outlying disaster -affected zones. o 07/11 – Commission Chair Training ■ The responsibility and authority bestowed upon the chair should be understood within the framework of a commission's public, legal, and internal function. The chair sets the tone for commission policy and is often the spokesperson for public outreach - at the foreground of educational initiatives and when things become controversial. It is often said that when things are going smoothly, you will see commission staff member, but when trouble is brewing, the chair takes the heat. ■ The public will be the biggest critic or best ally to any commission. Successful commissions strive to be proactive through demonstrations of fairness and public educational opportunities. A chair must encourage behavior that will create a positive and productive climate for both staff and board. The chair serves as a liaison between the two. ■ Local ordinance power stems from the 10th Amendment to the US Constitution, meaning that states are entitled to default authority not otherwise reserved by the federal government. Laws must pass the litmus test of existing for the public good, not for one person, not arbitrary and unreasonable, and for health, morals, peace, quiet and general welfare. • In preservation cases involving litigation, it is important to focus on theme benefit to public rather than defending against particular owner circumstances (individual rights or financial hardship). Many times, thl individual circumstances may be alleviated through other means (tax relief grants, public acquisition, zoning variances, easements, etc...) • The courts have ruled that self-imposed financial hardship cannot be used as a defense. Advice: get demolition by neglect provisions into your local ordinance! The use of fines, penalties and eminent domain provisions are also important tools to secure endangered properties. • The commission chair must have a working knowledge of procedure (enabling ordinance, by-laws, parliamentary procedure, governmental process) to orchestrate decisions that are less likely to be challenged as discriminatory or unreasonable. Be consistent! • For applications, the Chair must question if the supporting evidence is Sufficient, Relevant (germane), Competent, Credible, and Consistent. • The chair must also verify that each application satisfies the requirements for proper notice, quorum, completeness and record keeping. The chair's goals are always to be clear, efficient, predictable, fair, and informed. 2 /.. o 07/12 — Safety and Building Codes ■ Traditional building code requirements have hampered preservation attempts. Municipal regulations have applied mostly to new construction. Changes in building use may trigger extensive reworking of old buildings and compromise their design and appearance. Note: A.D.A. is a civil rights act and not a building code. Although the construction requirements are enforced through local building departments. ■ Enter the IEBC "International Existing Building Code." Attempts to balance the improvements sought by society without imposing an excessive burden upon the owner. Rehab is unpredictable by nature. Its basic goal is predictability and proportionality. The current approach is to encourage areas to be revitalized, permit new uses and to keep all buildings in use. The benefits reduce community costs while generating tax income. The new standards apply to "Rehabilitation" (no change in the character and use of a building, including modernization - preservation) and "Adaptive Reuse" (where the character and use of a building changes). • Since rehab work and building department interpretations may drastically differ, outcomes are not consistent. ■ See also the National Trust publication: "Building Codes for Historic Buildings" o 07/12 — Introduction to LEED ■ Over 50% of landfill debris is from new construction. The construction of buildings accounts for 40% of the energy used in the US. ■ Energy loss in a building • 35% through Walls • 25% through Roof • 15% from Draughts • 15% into the Ground • 10% through Windows (mostly frames) The LEED "Leadership in Energy & Environmental Design" Standards is one method used to encourage better use of resources to create safer environments. But it is not perfect. • The rating system can award points for new materials that exceed credits to retain/reuse entire existing buildings. There is an effort underway to reassess those priorities in the interest of historic preservation and sustainability. • Other "cheats" allow credits for local materials but apply a 500 -mile radius to that definition. Credits for material reuse need not be for the same construction project (not necessarily a bad thing) • LEED-NC (New Construction) if less than 50% of the residents will remain inside the building during construction. • LEED-EB (Existing Buildings) if 50% or more of the residents will remain inside the building during construction. 3 o 07/12 —New Additions —'The Good, the Bad and the Ugly' ■ Appropriateness changes over time. ■ US Secretary of the Interior states that new work should be differentiated from original and compatible with the massing, size, scale and architectural features to protect the historic integrity of the property. • Reversible: the original structure should be able to revert back its prior condition. • Preserve Historic Materials, Features and Character (of the focus property and its environment. Consider precedents) • Protect Historical Significance — Make visual distinction between the old and the new design • Additions should be subordinate to the parent structure • Typical New Addition Placement o Rear o Side o Rooftop (vertical living spaces) o Dormers • Moral: Through creative and sympathetic design solutions, the sum of the parts can become greater than the whole! o 07/12 — Adopting and Using Demolition by Neglect Ordinances ■ Demo by Neglect is destruction by the gradual deterioration through failure to perform maintenance. It may be caused by accidental or intentional behavior. ■ It is difficult to control Demolition by Neglect without first developing a Loca�= Ordinance. Effective legislation (local ordinance) will: • Establish Criteria and include the Authority to Act • Satisfy due process requirements within notice and procedure • Provides relief strategies for economic hardship • Outlines an Appeals procedure • Sets forth manner of enforcement; including orders, citations, and timeframes for problem corrections • Establishes preservation authority role in city demolition decisions Other Tools (Carrots and Sticks) • Incentives: low cost loans, tax incentives, grants in exchange for conservation easements, etc... • Penalties, fines and levies • Eminent Domain/Receivership: Acquisition, Restoration, and Active Reuse. Property may be taken, rehabilitated and put back into circulation. • Government Partnerships • Public Partnerships (Neighborhood Associations & Historical Societies) • Case Studies o Galveston, TX o Raleigh, NC (Boylen Heights and Oakwood) ■ Municode.com sec 10-6180 through 6186 o Little Rock, AR ■ City Tools Act: Permits repair for neglect after notificat= (7,500 cap) 9 0,TN% -,- -SOUTH BEND & SAINT JOSEPH COUNTY HISTORIC PRESERVATION COMMISSION July 21,2008- MEETING GUESTS: PLEASE SIGN THIS LIST SO THAT YOUR PRESENCE CAN BE NOTED FOR OUR I Print Name AJI Ie ap 0,5;111". K f f a jo,� � MINUTES Address Signature ,5 2_0 jz\ JJA MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY JUIZ 21, 2008 13 Floor Conference Room County – City Building, South Bend, Indiana Members Present: Linda Riley, Tim Klusczinski, Todd Zeiger, Lynn Patrick, Mary Jane Chase Staff Present: Amy Herdman, Larry Meteiver, Catherine Hostetler Absent: Jerry Ujdak, David Sassano Also Present: M. Patricia Hackett, Timothy Lykowski, Frederick Helmen, Stan Kubica, Philip Mata, Mike Pfeil, Jerry Niezgodski, Neal Nowak CALL TO ORDER, ROLL CALL: President Tim Klusczinski called to order at 7:02 pm. Quorum was duly established. Linda Riley arrived after roll call, and was acknowledged. I. PUBLIC HEARING Application Number: 2008-0606 Property Location: 631 LWT and 625 LWE Property Owner: Verl Sheets and Eve M. Pierce as Trustee of Eva M. Pierce Rev. Trust Landmark or District Designation: Edgewater Rating: Non-contributing and a vacant lot STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The house was built in 1900 by George F. Geyer who owned it until his death in 1930 when it was inherited by Mattie Geyer Gardner. The Geyer family —had been using the house as a rental since 1921. Dean Gardner, Mattie's, husband, sold the house in 1948 to harlotte Jacobs. It was the Jacobs family who constructed the commercial addition on the front of the house round 1955 APPLICATION ITEMS: Install wood fence for property security and appearance. The front being at the set back of 621 LWE. (Exhibit A) EDGEWATER PLACE STANDARDS AND GUIDELINES: I. THE ENVIORNMENT B. Building site, Landscaping and Accessories: Recommended: New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings and newspapers. New site work should be appropriate to existing surrounding site elements in scale, type and appearance. Plant materials and trees in close proximity to the buildings that are causing deterioration to the building's historic fabric should be removed. Prohibited: No changes may be made to the appearance of the site by removing old plants, trees, fencing, walkways, outbuildings and other site elements before evaluating their importance to the property's history and development. Front yard areas shall not be transformed into parking lots not paved nor blacktopped. Fronts yard areas shall not be fenced, with the exception of properties along Lincoln Way, which may be fenced, but not with enclosed stockade -type fencing. RECOMMENDATION: The fence will be wood stockade fencing along the rear and side of the property and chain link across the front and other side of the property to match current fencing applications. Staff recommends approval. (Exhibit B.) Petitioner not present at the meeting. Klusczinski: In that case, Chair will move ahead. Chair recognizes any Commissioners with discussion of the project. Unfortunately, we won't have the testimony of the petitioner here to answer any questions but we can certainly consider anything here before we move to public hearing. Anyone have any questions or comments? Chase: I do. So, presently there's a chain link fence? Hostetler: Yes, on this part of the property. He just wants to completely enclose it for security purposes. Chase: And there's no problem being on two separate...? Hostetler: No. I checked with the Building Department, they're good with it as well. Zeiger: What's the height of the chain link? Hostetler: 6 feet. Zeiger: 6 feet? Hostetler: It's just going to be a regular standard chain link fence to match the one that's there; it's not going to increase in height. Klusczinski: So are you sure it's 6 feet? Hostetler: The stockade fence will be 6 (ft), but I don't know about the chain link, I'm assuming that it's going to match up with the rest of their chain link fencing. Klusczinski: Other thoughts? Riley: I have a question of Lynn, is that appropriate now? You're in that District... Patrick: Yeah, this is consistent with what's going on there. If I'm correct, this is this big green house that's empty and it's real close to his business. I'm assuming that the stockade in back will help give him some privacy there from the alley. I don't think that they neighbors would have any problem with it. You can see from the pictures that he's given that it's going to come off of the back of the house so it's not going to be on the front on Lincoln Way. It is a large lot. Zeiger: But they're fencing this empty lot to the side of the house. Hostetler: Right, he's buying that on land contract. Zeiger: So that fence will go along that front, at the set back of the house, 6 feet tall? Patrick. Mm-hmm. Hostetler: Chain link, right across there. Patrick. He also has a dog; he might want to have his dog out there. Though he hasn't told me that specifically. Riley: There doesn't appear to be any fence in the front which they mentioned. Hostetler: No, there isn't one, that's why he wants to put on there. That's why they want the chain link there. Klusczinski: Any other questions? In that case, we move to public hearing. Any members of the public wishing to speak in support of the current petition? Hearing none. Any member of the public wishing to speak in opposition of the current petition? Also hearing none, Chair closes public hearing. Any additional thoughts, Commission? Hearing none, is there a motion? Chase: I'll make a motion that we accept 2008-0606 as presented in the C of A and the recommendation of staff. Riley: Second. Klusczinski: Motion has been made and seconded, without amendments. Any additional discussion? Hearing none. All those in favor? (Ayes are heard) Opposed? (Ayes are heard) There are two in opposition. Timothy Klusczinski opposed. There isn't sufficient information without the petitioner being her a to represent this particular case and to answer questions to make sure that the height of the fence would be reflective of what the District standards would be. Hostetler: He has to get a building permit for it. So it would have to confer to building... Klusczinski: That's not necessarily C of A or guidelines. Zeiger: I don't feel that a 6 ft chain link fence in the front is in keeping with the guidelines. Hostetler: But it is. Klusczinski: The C of A passes by a vote of 3-2. Moved: Chase Second: Riley Moved to approve 2008-0606 Approved 3-2 Zeiger, Klusczinski opposed Application Number: 2008-0703 Property Location: 521 River Property Owner: Neal Nowak 2 Landmark or District Designation: Edgewater LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This American Four Square was constructed 4im 1920 for Frank and Glenna Jefferies. They sold the house in 1922 to Abraham I. Simon, owner and operator of on & Simon Co., grocery stores through out the South Bend area. APPLICATION ITEMS: Erect a single stall detached garage per attached, sided with vinyl or T111 siding to compliment house. Exhibit A EDGEWATER PLACE STANDARDS: III. NEW CONSTRUCTION A. Height and Proportion: Recommended: Contemporary designs should be compatible in character and mood to the building or neighborhood. RECOMMENDATION: Staff recommends approval. The 16x24x8 single stall garage resembles the garages in the neighborhood and will be in approximately the same location as the original. Exhibit B Klusczinski: The microphone is right there again if you could please state your name and address for the record? Nowak. Neal Nowak, 521 River Avenue. Klusczinski: Thank you very much; you're entitled to make a brief presentation about your project. Nowak: I pretty much put it all in the application. I'm here though to answer any questions. Klusczinski: Very good, in that case, any Commissioners with questions? Patrick: I have a question. That T-111 siding, is that the composite that looks more like wood? Zeiger: No, it's a 4x8 sheet that has grooves cut in it. Patrick: Ah. Klusczinski: Any other questions? Nowak: You know more than me. Patrick: I have a question about the appropriateness of the vinyl siding. Klusczinski: A question for staff I assume. Hostetler: It's new construction and we've allowed vinyl siding on new construction in districts before. It's in like a kit basically. One of those pre -fab deals, with your choice of these two exterior applications. Riley: Will the siding match the siding on the house? Nowak. Not exactly because the siding on the house... Riley: As close as possible? Hostetler. The siding on the house is asbestos shingles. Nowak. It's hard to match. I'm looking to, ideally, hopefully next summer re -side the house as well to match the garage. We'll come across that bridge next summer. Klusczinski: You're sure it's asbestos shingles and not insul-brick? Hostetler: It says asbestos on the survey card. Nowak. I tore off a porch and tried to get matches because there were spots that I couldn't really fix completely. I took it everywhere and everyone told me that it is asbestos, so I can't really fix the siding without residing the whole house. Klusczinski: Ok, fair enough. Any other questions? If not we move to Commission discussion. Any thoughts or comments on the project? Zeiger: I'd think that the vinyl would replicate the clapboards better than the T-111, if you're asking for one or the other. Patrick. If no one else has a problem with the vinyl, then I don't either considering what's going on. Klusczinski: Excellent, any other discussion? Hearing none, we move to public hearing. Any member of the public wishing to speak in support of the current petition? Hearing none. Any member of the public wishing to. speak in opposition to the current petition? Also hearing none, Chair closes public hearing. Any additional discussion? Is there a motion? Patrick. I'll make a motion to approve 2008-0703 for the vinyl siding and all else as described. Klusczinski: Is the applicant amenable to amending the application to include the vinyl siding option? Nowak: The vinyl as opposed to the T-111? I don't really have a problem with that. I was just going to go with whatever I thought looked better, honestly. Klusczinski: Ok. Nowak. I haven't really seen the two in order to compare, but I don't necessarily have a problem with that. Klusczinski: Thank you very much, please let the record reflect that the petitioner has amended the application to include only the vinyl option per the motion on the table. Is there a second? Chase: Second. Klusczinski: Motion has been made and seconded, any additional discussion? Patrick. May I make one additional comment, if you should find that the T-111 looks better, then ... ok, forget that. Nowak. It doesn't look better. Zeiger: The motion is for vinyl. Klusczinski: Any additional discussion? Hearing none, all in favor? (Ayes are heard) Opposed? (Silence) Motion carries by a vote of 5-0. Thank you sir. Moved: Patrick Second: Chase To approve 2008-0703 as amended Approved 5-0 Application Number: 2008-0707B Property Location: 1158 Lincoln Way East Property Owner: , Michael Pfeil Landmark or District Designation: Lincoln Way East LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The 1923 Bungalow was designed by G.T Nethercutt for wither Mrs. Martha G. Loughman or her daughter, Edith Miller. Martha G. Loughman was the widow of George Loughman who was active in local Republican politics as a Councilman for the 5the ward between 1879-1881, Mayor of South Bend between 1884 and 1886 and County Auditor in 1894. The residence remained in the Miller family until 1962 when it was sold to Ida and Fred Auer. The current owner is Mr. Michael Pfeil. APPLICATION ITEMS: Installation of new single stall garage on existing concrete foundation. Exhibit A. and Exhibit B. LINCOLNWAY EAST STANDARDS AND GUIDELINES: III. New Construction C. Shed and Accessory Buildings: Recommended: Accessory building designs should be compatible in character and mood to the residence and the neighborhood. RECOMMENDATION: The staff recommends approval. The garage will be located in the original garage's location and is compatible in scale and style to that of the house. Klusczinski: Please state your name and address for the record, please. Pfeil: 1158 Lincoln Way East. Klusczinski: And you're entitled to make a brief presentation about the project. Pfeil: I think that's it's pretty straightforward, we'd like to put up a garage. I've had the house for sale for more than a year, and I'm hoping that adding the garage will help move the property. Klusczinski: Thank you very much. Any questions for the petitioner? 4 Zeiger: Was the garage there when you bought the place? Pfeil: No, just the pad. Zeiger: Just the pad was there? Pfeil: Yeah. Riley: On your application item, you don't state the material that you're going to use. Pfeil: Vinyl, sorry. Hostetler. It's in the listing here. Riley: Well, but shouldn't it be on the application for the C of A? Pfeil: The only thing that I would change, I think that I'll put a service door in actually too. I was trying to keep doors and windows limited because a neighbor had a couple of neighbors stolen from his garage, so no windows, it's just not safe. Klusczinski: So at this time you're amending.... Pfeil: If I could put a service door in, that would be the only change. It would be on the right hand side, around the corner. Klusczinski: Let the record reflect that the petitioner has amended the application to include a service door, on what face of the garage? Pfeil: It would be on the west side. Klusczinski: West side, thank you very much. If there are no other questions for the petitioner, we'll move to Commission discussion. Any comments? Hearing none, we'll move to public hearing. Any member of the public wishing to speak in support of the current petition? Hearing none. Any member wishing to speak in opposition to the current petition? Also hearing none, . Chair closes public hearing. Any additional discussion Commissioners? If that is the case, then do I hear a motion? Riley: I make a motion that we approve 2008-0707B. Klusczinski: As amended? Riley: As amended. Klusczinski: Motion has been made is there a second? Chase: Second. Klusczinski: Motion has been made and seconded, any additional discussion? All in favor? (Ayes are heard) Opposed? (Silence) Motion carries, 5-0. Moved: Riley Second: Chase To approve 2008-0707B as amended Approved 5-0 Application Number: 2008-0708 Property Location: 805 Bronson Property Owner: Elizabeth and Ron Farr Landmark or District Designation: Edgewater Place LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This 1912 Free Classic was built by Whitcomb and Keller Corporation as a rental and sold to Ralph and Bernice Heick in 1921. They sold the house a year later to Joseph Heick but they continued to live in the house until 1938. Eventually the property fell into the hands of the Home Owners Loan Company who sold it to Clarence Thomas in 1942. Mr. Thomas was a private truck owner for the Brodbeck Trucking Company. It was sold to Henry and Marie Sloan in 1944. The Sloan's owned the Rino Bar. APPLICATION ITEMS: Install new concrete ramp for handicap accessibility. Location -east side of House per drawing submitted. Exhibit A EDGEWATER PLACE STANDARDS: D. Entrances, Porches and Steps: The majority of the houses in the district have either an open or an enclosed porch across the front or on the side. Most porches have either gabled or hipped roofs or are covered by the main roof of the house. A brick base with wood columns is common. Wequired: Existing or original porches and steps, including handrails, balusters, columns, brackets... shall be 5 retained or replaced with replicas....Porches and additions reflecting later architectural styles and which are important to the building's historical integrity shall be retained. RECOMMENDATION: The side porch at 805 Bronson is located less than four feet from the property line and —the neighbor's picket fence. The pipe railing is not original to the house. The owner proposes a solid concrete —ramp with railings along the entire side of the house to the sidewalk for handicapped accessibility along this narrow and difficult to maintain space. Exhibit B Staff recommends approval. Petitioner not present at meeting. Klusczinski Chair opens up questions for staff members if anyone has any. Riley: A stupid question maybe, but is the handicapped ramp necessary? Hostetler. Yes, Elizabeth Farr's parents live in the house. Her dad is 94 and they currently have a temporary ramp on the front of the house but it's at a very steep angle, and it's kind of flimsy. Both her parents are up there in years, her mother is 89 I think, and is having mobility issues as well. From what I was told by Mrs. Farr is that when her parents pass on, she and her husband will probably end up living there. Riley: Well, I was wondering, it looks like it was hard to get to anyway and I was wondering if they're using that as a reason to build it. Klusczinski: Any other questions for staff? Chase: When they put up that original ramp, you say it's quite steep? Hostetler: It's a temporary one that they've got from; they're renting it from Memorial Home Care. Chase: Ok, well, I think that Code is 1 R height for each... Hostetler: It's temporary. Chase: And they can do that for temporary? Hostetler: Yes. But it's not permanently attached to anything; it's just on the front steps of the house. This is going to be a permanent ramp on the side of the house, and it is going to meet all of those configurations. Chase: Did Wayne take a look at the space and it's workable? Because of that takes them right up to the edge... Hostetler: Yes, and I think that Doug Turnock is going to work on this; he's the contractor that poured the concrete for the pool at their house. Zeiger: Do you know how far out in front of the house the ramp is going to continue? Is it past the front face? Hostetler: It's on a very very very narrow, I mean shallow lot. So, it's going right to the sidewalk. Zeiger: So it's going to project all the way. past the front of the house all the way out the sidewalk? Hostetler: A little bit because the house sits practically right on the sidewalk. There's only like about... Zeiger: Do you have detail on what the railing is going to look like? Hostetler: Pretty much like that. It's going to be... Zeiger: Is it wood, is it metal? Square pickets...? Hostetler: Wood. Zeiger: I think that's the sort of details that it would be helpful to have when we review C of As. Patrick: Good point. Chase: Sound like it will be minimal. Zeiger: I'm not opposed to the ramp. I think though that it's going to have a pretty major visual impact when you get a 42" rail going out to the sidewalk on top of a ramp. I think that the details of what those railings are going to look like are important because it's really going to end up looking like a fence. Hostetler: I think that's its going to end right about here, where their little sidewalk starts. Zeiger: Well, that's different than what you said. You said it was going to come all the way out to the sidewalk. 10 Hostetler. Well, its just going to come out to here, where this sidewalk meets the major sidewalk. It's not going to extend that far out. It's going to give them the pitch that they need. Zeiger: I don't want to belabor it too long, I'm just... visually, when you build a ramp that's 30 in off the ground, and you add a 4ft railing on top of that, you've got a 7 ft wall essentially going up and coming out past .... when you come out past the porch, that railing is going to have to be to Code and when you add height for the ramp its going to start to get pretty... Hostetler: The neighbors' fence right here is 6ft. Zeiger: That's not a 6 ft fence. Klusczinski: It's probably about 4. Hostetler: If you were over here, there's a lattice type of an affair that's not painted if you stand there, it's like this (gesturing over her head). Zeiger: I'm not worried about the back yard. This is the area I'm concerned with. Thank you, that's what I wanted to point out. Patrick: Would you have any recommendations with any of that Todd? Zeiger: Not that we can answer without the applicant. Klusczinski: I would like to amend the application items for the Edgewater Place standards. I agree with everything that staff inserted for that. However, according to the particular guide book for this district, a handicap or access ramp falls under new construction and new construction guidelines were not included on the report; particularly: building materials in new construction. `Required: Exterior materials on new structures shall be compatible in type, scale, texture and' color with adjacent structures. Materials used on an addition to an existing structure shall relate to the existing or the original materials of that structure. As much of the original structure shall be retained so that the addition could be removed with damage to the basic structure and appearance of the building'. And then there are some other allowances. I think that speaks to materials and to scale and some of the other things for new construction for a feature that was not previously available there. Any other questions for staff? Onward to Commission discussion then. Does anyone have any thoughts or comments beyond what we've entertained? Chase: It probably would be good to ask them before they get their C of A what they... Hostetler: They were going to put in a wooden one, but they realized that the maintenance issues with weeding underneath it and keeping it clean and try to do anything in that narrow of a space, so they went with a more solid concrete construction so that they wouldn't have to deal with that issue. Klusczinski: Unless maybe they poured a pad on the bottom side to keep the weeds out and then built up from that. Do we have any precedent or any other experience for handicapped ramps or anything like this in this particular district? Hostetler: No. Klusczinski: Ok. Zeiger: Is there any other thought to offer the applicant, I think that it is one inch to a foot but I believe that there is a length limit that you're allowed to go without a landing. You're not supposed to go much farther than I thought, it was 12 feet. Don't quote me on that. Check on that. I think you're to go a certain run, and then land for four feet, then you go up a run and a land. That way if you had someone and they got out of control then they'd have an opportunity to stop. That being said, that just pushes that ramp further out, so there are just some issues that need to be worked on this. I'm a little concerned that it's going to have, I mean, I'm not opposed to the ramp; I know that's important to have. I'm just concerned about visually what that's going to look like, especially in concrete. It's not going to be easily remedied if it's not done right. Klusczinski: Then should we consider that it may be appropriate to table this particular C of A until we can discuss it with the petitioner either at the next meeting or at another time to iron out their details. Chase: Did they state an emergency to get this done quickly? Hostetler: It's not an emergency. Chase: Ok, then tabling would be ok. Hostetler. I don't know when they wanted to get it done. Klusczinski: And unfortunately we can't ask them that. 7 Hostetler: I know that they wanted to get it done, but I don't know how urgent that is. Klusczinski: Is there a motion to table? Patrick. I'll make a motion to table. Zeiger: Second. Klusczinski: Motion to table has been made and seconded pending further investigation. Hostetler: I'd like a list of all of your questions? Zeiger: You want them right now? Hostetler: Or you could email them to me. Zeiger: Design of the balustrade, height of the balustrade, are they going to have to put landings in per Code, how far out in front of the house it goes, if it goes out past the front of the house do they have to have railings on both sides, plus, the extra foot that's required at the end of the landing at the end... Hostetler. Whoa, whoa, I don't take shorthand Todd. Zeiger: Is that why you don't do minutes? Hostetler: That's right. How far out...? Zeiger: Past the front of the house. Are they going to have to have railings on both sides then if it goes out past the front of the house? Klusczinski: I would be interested in knowing whether or not the applicants would be favorable to consider other materials more in keeping with the house, the main structure. Hostetler: Like? Klusczinski: Whatever the main structure happens to be. Hostetler: Wood? Klusczinski: Wood. Zeiger: There's a couple of wood ramps in town that they could look at. The one next to the former Frederickson House on Colfax has a wood one, the house next to the former Probst House on Colfax on the other side of the river has a wood one, and I think that both have treated lumber on the—on the ramp floor. Chase: And isn't there a ramp between the People's Church and the Lafayette Building? Klusczinski: We have not yet voted on the motion to table? Herdman: Correct. Klusczinski: Thank you. All in favor of the motion to table? (Ayes are heard) Opposed? (Silence) Motion to table 2008-0708 has passed and we will go back to that one at some later date. For that purpose, we will dispense with the public hearing on that particular C of A. Moved: Patrick Second: Zeiger To table 2008-0708 Approved 5-0 Application Number: 2008-0710 Property Location: 16021 Cleveland Road Property Owner: Burnett C. Bauer Trust, B. Patrick Bauer, Trustee Landmark or District Designation: Landmark Rating: Outstanding STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: The Daniel Ward House is an Italianate built in 1865 and is significant in that the farmhouse is situated in a farmyard surrounded by a series of outbuildings: milk house, pump room, dairy barn (no longer extant 7/2008) and chicken coop. The clapboard Italianate Farmhouse sits on a brick and stone foundation and is topped with a glass enclosed monitor or "widows -walk" bracketed eaves and a veranda with ginger breading. Daniel Ward of the Ward Family of Pioneers left for California in 1849 with the Argonauts of '49 to seek his fortune in the gold rush. He returned in 1851 with a small fortune, purchased the farm with his father, then married Martha E. Martin in 1852, built their home in 1865 and resided there until 1891. The house and its outbuildings and 7.94 acres of land were designated as St. Joseph County Local Landmarks in 1980 and the house was listed on the Indiana State Register of Historic Sites and structures in 1988. APPLICATION ITEMS: The letter from the trustee is requesting the following: to move the Daniel Ward Home from its current location (Exhibit A) to a new site immediately to the north (Exhibit B.) and for the Commission to "consider relinquishing the historic site designation for the 260'x1320' parcel ". ---"B" LOCAL LANDMARK STANDARDS: E. Moving: The moving of landmarks is discouraged, however moving is preferable to demolition. When moving is necessary the owner of the landmark must apply to the Commission for a Certificate of Appropriateness. RECOMMENDATION: The Staff recommends approval of the move as the new site is sympathetic to the historic placement of the house and its preservation. However, this recommendation is contingent on the moving and/or reconstruction of the buildings from the farm yard that were also landmarked. (Exhibit CZ. There is a precedent for releasing landmark designation of the land in the decision of the Commission on May 21, 2001 (Exhibit D) for land included in the landmarking of 14297 State Road 23. Klusczinski: Is the petitioner present? Again, please state your names and addresses for the record, and you're allowed to make a presentation. Davey: My name is Christopher Davey and I am a real estate broker with Grubb/Ellis Cressy and . Everett with offices at 3930 Edison Lakes Parkway, Mishawaka Indiana. I have with me Tim Lykowski from Lykowski Construction. He'll take any questions about moving houses, he has moved historical houses in the past. If I could I'd like to give you some background. For the past 12-15 months., I have been working with Pat, Pat Bauer is the Trustee for the Burnett C Bauer Trust which has title to the property. We have been working with an out of state developer that is interested in acquiring the property. If you know the area at all, you know that when this site the land and the property and all was designated you know that it was a whole different environment than what exists out there today. Today we have shopping centers across the street from us, we have shopping centers east west north and south of us. As part of our due diligence in working with this developer and with the city of Mishawaka, most likely assuming that we would prevail, and not to be presumptuous but should we prevail, Mishawaka is interested in acquiring a little bit more right of way. There intentions are to expand Gumwood or Main Street even more than what exists there today. It is our intention with your permission, to relocate that home approximately 1320 feet to the north. If you're familiar with that area, on the west side of Gumwood there's a little road that leads back to two homes that sit to the west of Gumwood. The Bauer family owns a little more than 2000 ft of frontage starting at 23 and going all the way up to the Suzuki Music School if you know where that is. This lane is south of that. It's our intention with your approval to relocate that home to a parcel of land that's about 90 ft of frontage on Gumwood to a depth of about 260 ft east and west. Ninety north and south and 260 east and west. We'll make every effort to move that home as far west or off of Gumwood as allowable. We have met with the City of South Bend, and the parcel that we're intending to move the home to with your permission is currently zoned residential. Today that property is used for a law office and retail business. I believe that it's the intention of the Bauer family, and it could change, but I believe that its their intention that Bernie and his daughter would move into the home and use it as a residence. We're obviously going to have to make some changes to the home from the standpoint of mechanical systems, not architectural or changes to the outside of it. We will make some additional improvements though should we succeed tonight. The offer has been signed and accepted by the Bauer family. It is a conditional contract, we need to get zoning. The property is presently zoned commercial. I think that you have the site from Cleveland about 1320ft. In addition to the historical home on the corner, there's another residence there and then Matt, Pat's brother, built the soft water business there immediately north of this property. We think it's a much better location. I'm not sure of the protocol tonight so I'd like to reserve the right to ask some questions if we get into some stuff that I'm not sure of. I also think that there might be some state, is there a state...? Hostetler: There's state designation. But that only requires a letter. Davey: So if we would prevail, we'd send a letter to them asking them to make that change as well? Ok. There is some question too. Our intent is to move the home, but there's some outbuildings there. I've brought with me some photos that were taken on the property. There are two existing frame structures that are north of the home and I have pictures of those two facilities. We'll make every effort to move those. But the other building, and I'll turn it over in a minute to Tim, the one structure that you see is being supported by hot water heaters, or soft water tanks. The structures are not real sound. The pump house is this little brick facility that is just in deplorable condition and I don't think that there's anyway that we're going to be able to move that. We will make a representation tonight that we will move those two wood frame structures that you have in front of you. And, likely, we'll have to take them apart to move them and then we'll have to reconstruct them. Let's see, I think that you also have a letter in your packet from the city of South Bend, assuming that we would prevail tonight, that we could move the property to it's new location. Assuming that we met the setbacks and all of that there's really nothing that we have to do other than meet those zoning conditions to move the home. Obviously with your permission. So, having said all that, I'll turn it over to Tim unless you have some questions specifically for me, or you can talk to him about his experience moving historical homes. Lykowski: I think that Todd Zeiger can vouch for my historical home moving, he's a general on that. Zeiger: We've moved one or two of them. Lykowski: The frame home, there's not a problem moving that. The pump house, identified as a pump house, this little one, is masonry, it's in really bad shape and there's just no way that we're going to be able to... Riley: Would you show that, is that the brick? Zeiger: It (the photo) is coming. Lykowski: This other lean-to, or shed likewise the east west and south walls are in good shape but the roof system and the north wall are in really bad shape. The tanks inside are holding up some of the rafters that are falling in so it's in very bad shape. It would have to be dismantled. It looks like at one time, at least the decking and a back wall were replaced with plywood. And the other one, the pitched roof shed, likewise it's in bad shape. The east wall more than anything. The roof system is ok but some of the decking is rotted away. I can answer any other questions that you might have. Klusczinski: Are there any other questions for the petitioner? Chase: I'm assuming that the house is in better condition than the outbuildings? Lykowski: Considerably, yeah. The house has been well maintained. It's in a lot better shape. Chase: And we don't have anything on the positioning on the new property of the house and the outbuildings. Is that decided yet or is that waiting on Code? Davey: No, but in talking with Catherine, we represent to you that, as it is a house, we want to be sure that its as far off of Gumwood as we can. So, we'll move that as far to the west and then we'll probably want to position the two outbuildings just as they'd be to the north of the home. The home would front on this access lane, so it will be looking south. Zeiger: You're not going to orient it towards the street? Davey: It will be oriented towards the little lane off of Gumwood. You'd turn left off of Gumwood if you're coming from... Lykowski: There's a paved little street Zeiger: Yes, we walked it. Klusczinski: Thank you very much, any other questions? Zeiger: The porch will just be reconstructed then, the pillars, and rebuild it to match? Lykowski: We'll use the same columns, all of the columns will go back in. It will be just as it is now. Zeiger: I guess a couple of my questions relate to what's going to happen in the future. Which I know you may not be able to speculate on. My question is what happens to this land back here? Do the Bauer's control this land back here then? Davey: If I can get my bearings here. Zeiger: To the west. Davey: They do not. There's a Mishawaka well field. There's two homes back there, this lane turns north then but most of this property is Mishawaka well field. 10 s_ Zeiger: So that won't be developed. Davey: That won't be developed. Zeiger: But this could be developed here at some point. I'll admit that it's going to face south. I just assumed that you'd orient it to the main road which is Gumwood, rather than a side road which may or may not be a road when this gets developed. Davey: In talking to the City, they're going to allow us to use that access road. Zeiger: Right. My question though is that I still think that it's going to look weird with the house sitting sideways to Gumwood which is the main road. It's going to look like it's sitting sideways. This just feels like a lane or a driveway and not a road. In my head, I had the house facing towards Gumwood so I thought that then outbuildings would be on the west property line so then you could come back behind there with a garage for cars or whatever. Davey: You know, I don't know that we've given that enough thought. The one thing that I'd say is that the house is long and narrow and the more we position it that way, the closer that we get to Gumwood. The intent was to keep it as far away from Gumwood as we could. Zeiger: Sure you want to do that, right I mean we don't want to have this situation all over again. Davey: The east side of the house is very attractive, there's a bay window there and all. Zeiger: Sure, I think though that it's just going to look sideways. People are going to drive by and think why they put it sideways. Especially if this gets developed and it faces Gumwood. This house is going to be sitting sideways to that and to Gumwood. Davey: Mm-hmm, good point. But you're looking at a shopping center no matter... Zeiger: But at least it's the main street. At least the house is oriented from the front to the main street. 23 has always been the main drag, even in pioneer times obviously. But what we're here for tonight is to allow the move. I had a question about final site plans. I guess it's for counsel, my question is whether we can approve a move with the ability to review the final site plans. At least you know you can move forward with your sale, you can move forward with that and we don't hold that up but we have a final site plan so that we know where the house is sited and where the outbuildings are sited. My preference, from historic preservation standpoint, is I think that the house should face the main road. I understand the intent because it faces south now, but I think that over time though you're going to think that its now sideways on that lot. You're going to go, hmm, that seems interesting. So that was my concern that we see a site plan to see how it lays out. It may not work the other way. Davey: I think that we'd be open to doing that. Zeiger: At least we could see what it looked like and we'd be thinking ahead especially related to how this is going to look in the future. There's enough depth there I think, that you can site the house, give it space, lose another lane here in front, and leave room for a garage which I'm sure they'll want back there. Davey: And we do have a neighbor just to the west of that property and he fronts and looks south as well. Zeiger: Right. Well, and that's why we'd want a site plan. This is a lot of conjecture. I don't, I mean, I'm not opposed to the move, I'm just cautious about how it's oriented long term and what that looks like. Davey: We're probably about 4-5 months out from that, so I don't think that's a problem. Zeiger: You can even stake it out and see what it looks like. Chase: I agree with you there, because it's so recognizable from Cleveland. You see it there for years and years and if it faces that road you'd recognize it again and you'd lose some charm. Klusczinski: Just to clarify, you would be amending your applications at this point for two considerations. One, which was originally left out of this proposal that you're making a good faith attempt to move the two wood frame structures, not previously included with the application items. That's one consideration, the other is that you are amending this application to also provide the HPC an additional C of A for the final site plan of the house at some point in the "'future. Davey: Ok, if you want to approve it conditionally upon that we're ok with that. I also have with me Pat Hackett who is the attorney for the Bauer family as well. That sounds ok with me. 11 Hackett: Right, the good faith on the two red buildings and the site plan on the house. But just to clarify on that other brick building that can't be moved. That would not be included. Riley: Will that be rebuilt? Davey: We're going to have city utilities, municipal sewer and water. Zeiger: Would it be possible to just measure it and document it? Before it's demolished so that we have record of it? Hackett and Davey: Sure. Zeiger: So we'll have height, width, material,- how big is that frieze board, I'm not out for an architectural print, but something to capture what' the building looked like and was designed like and some color photos to put into the file. Hostetler. Or you could reuse the bricks too for landscaping. Zeiger: Yeah, that's a great reuse, I just wanted something to document what it was. Klusczinski: In that case, that would be the third contingency. Would you consider that third option too then? Davey: Sure. Klusczinski: For the record, Chair announces that applicant has amended 2008-0710 with the following contingencies: 1. the good faith effort to relocate the two wood framed out buildings, the other thing would be that the applicant would provide a final site plan for the new location of the building, I guess all of the buildings prior to final location and seeking the approval of the HPC for that location or orientation and the third would be that the brick building would be properly documented and photographed for the archives and the historic record. Davey: Assuming that we prevail and get the zoning and all things and we come back with the site plan is that like tonight or is that a meeting with Catherine? Klusczinski: It probably would exceed the capacity of the staff to make an administrative approval and would have to come before the Board. If there are time issues that you're trying to anticipate, given enough time we can possibly stage a special meeting, a special public meeting with proper notice and consider it at that time. Other than that though the default format would be at our regular monthly meeting. There are few options and we're certainly happy to do that so that we don't' cause an issue that way. Zeiger: I'd just suggest that we get some sort of sense on the site plan before you go to the zoning and variance, it's a chicken and egg thing we don't want to set you up for some back and forth thing. I don't know if we can help with that in the interim, at least start to chat that through so that you don't go get a variance and then set up a conflict. Klusczinski: You could informally submit it to the Commission and we're happy to collaborate. Zeiger: We can go over it, give you some ideas, some guidance and help you that way once we know the set backs that you're working with and all of those issues. Davey: Fair enough. Klusczinski: Ok, the applicant has amended the C of A. If there are no other questions for the applicant, we'll move to Commission discussion if anyone else has any thoughts that they'd like to bring up at this point? Riley: And the land is ok according to the letter that we have from 2001? Hostetler. We, there's a precedent for delisting it. Zeiger: Will we re -landmark it then at it's new location? Hostetler: That's up to you. Zeiger: I think that's a really good idea. I keep adding more conditions. I mean the house is designated now, I'm not real keen on not having that property protected. Not that this owner would do anything with it, but I think that it's highly likely given it's location that we'll be back at the table at some time about this house. I don't mind giving up landmarking now, but I think that it needs to be designated in its new location. Klusczinski: So I have a question for counsel. Currently the entire property is Ian dmarked, which includes the land, buildings and main structure. So, by de -listing the land parcel, we're also de - listing it for the house, even if it's allowed to be moved. Meteiver: The house maintains it's protection, to whatever site it goes to. Klusczinski: Ok. 12 Meteiver: To what ever site it goes to, but Todd is right to landmark the entire site again, land and all structures is a good idea. Zeiger: I think that at some point this could go commercial, maybe not 10 years from now or 20 years from now, but then we've got parking issues to do and sign problems to deal with and so that's my concern. Klusczinski: And then that house will be in the landfill despite this good faith effort in trying to relocate and use it right now. Zeiger: As far as giving up on this corner, I understand their desire not to deal with us on new construction, that's fine. But I think that it's important that we have that historic review on that new site. Klusczinski: Would the applicant be in favor of helping us landmark or re -designate the new site location? Davey: We're talking about the 90 x 260 right? Various Commissioners: Mm-hmm. Zeiger: All we're doing is replicating what we'd done before. Davey: I think that we'd be ok with that. Riley: I have a question, what about his letter that we have from John Oxian from 2001 removing the landmarking of the land. Klusczinski: That's essentially what we're doing right now so that they can pick up the structure and... Hostetler. It's not the same address. Klusczinski: It's an example of a precedent from another case. Riley: Alright. We make things complicated. Klusczinski: Although we really don't try to do that. So for the record, you're willing to make the 4`" concession and ask us to re -landmark the new site where the house will be located after it's situated. No objection to that. Hackett: Right and then the release of the previous landmarking on all of that other land? Klusczinski: Right. You have all of that Counselor? Meteiver: I think so! Klusczinski: If there's no other discussion then we move to public hearing. Is there any member of the public wishing to speak in support of the current petition? Hearing none. Is there any member of the public wishing to speak in opposition of the current petition? Also hearing none, Chair closes public hearing. Any final thoughts, Commissioners? Do I hear a motion? Zeiger: I'll move for approval of 2008-0710 as amended and recorded and presented. Klusczinski: Thank you, motion has been made is there a second? Chase: Second. Klusczinski: Motion has been made and seconded. Anything final? All in favor? (Ayes are heard) Opposed? (Silence) Motion carries by 5-0. Moved: Zeiger Second: Chase To approve 2008-0710 as amended Approved 5-0 Application Number: 2008-0715A Property Location: 221 East Navarre Property Owner: Erin and Fred Helman Landmark or District Designation: River Bend LHD Rating: Contributing STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT: This clapboard and shingle bungalow was built in 1911 by Hammond and Whitcomb who sold it to William Schindler in 1912. Mr. Schindler used it as a rental property until he sold it Earl H Arnold. Bess and Earl Arnold lived there until 1960. APPLICATION ITEMS: Install wood grain texture siding on dwelling. "Furnish and install vinyl textured —wood grain clapboard siding Colonial Ivory in color over old wood clapboard. Install vinyl shakes over wood 13 shakes over old wood shakes in gables and dormer. Wrap outside of windows with pvc aluminum. Install new fascia and soffit. Install new gutters and downspouts. Install maintenance free mantles to keep the same look and characteristics of the home. The home will look identical to what is currently, only with updated vinyl siding and shakes." --RIVER BEND STANDARDS: H. EXISTING STRUCTURES A. BUILDING MATERIALS Original exterior wall materials in the District include brick, stucco, clapboard, wood shingles and masonry block. In some instances, vinyl or aluminum siding has been applied over the original material. Required Original exterior building materials shall be retained. Deterioration of wood materials shall be prevented through repair, cleaning and painting. The existing architectural detail around windows, porches, doors and eaves should be retained or replaced by replicas of the same design and materials when deteriorated beyond repair. Masonry including brick and stucco shall be cleaned only when necessary to halt deterioration or to remove stains, and shall be done with a method acceptable for the preservation of the surface: i.e. low pressure water and soft natural bristle brushes. When repairing stucco, only appropriate stucco mixture shall be used. Recommended Whenever possible, the original building materials should be 'restored. Metal or vinyl may be used as an alternative to maintaining or replacing the original surface material when it resembles the original surface material. When used over wood surfaces, this siding should be the same size and style as the original wood. Every effort should be made to retain the original trim around windows, doors, cornices, gables, eaves and other architectural features. Ample ventilation must be afforded the structure when aluminum or vinyl is to be installed in order to prevent increased deterioration of the structure from moisture and/or insects. Mortar joints should be repointed only when there is evidence of moisture problems or when sufficient mortar is missing to allow water to stand in the mortar joint. Existing mortar shall be duplicated in composition, color, texture, —joint size, method of application and joint profile. prohibited Wood siding shall not be resurfaced with material such as artificial stone, brick veneer, asbestos or asphalt shingles, which is inappropriate or was unavailable when the building was constructed. Sandblasting or the use of harsh detergents shall not be used on masonry or stucco. This method of cleaning erodes the surface material and accelerates deterioration. Not Recommended Waterproof or water repellent coatings or surface consolidation treatments should not be used on masonry surfaces unless required to solve a specific problem that has been studied and identified. Coatings are frequently unnecessary and expensive, and can accelerate deterioration of the masonry. Mortar joints which do not need repointing should not be. Re -pointing should not be done with mortar of high Portland cement content, which can often create a bond that is stronger than the building materials. This can cause deterioration as a result of the differing porosity of the material and the mortar – the end result being serious damage to adjacent brick. Paint should not be removed from masonry surfaces indiscriminately. RECOMMENDATION: The River Bend Standards require that the original exterior building materials be retained. The bungalow at 221 E. Navarre has the original clapboards and shakes. Staff does not recommend approval. There was only one time that Commission allowed for vinyl siding in the River Bend LHD and that was in 2003 for COA 2003-0515. The circumstance in that instance was because the homeowner had two failed paint applications because of a systemic moisture issue. All of the original cedar shakes had to be removed from the body of the house and new insulation and energy board applied along with clear vinyl shakes to match those on a recent addition and garage. Klusczinski: Please state your name and address for the record please? Helmen: Frederick A. Helmen, 221 E Navarre Street, South Bend, Indiana. 14 Mata: Phil Mata, representing Ultra-Tech, 310 E Ewing, South Bend, Indiana. Klusczinski: Thank you very much, please continue you're entitled to a presentation. Helmen: My wife and I, well fiance at the time bought this house about 2'/2 years ago. Since then, we've gotten married and fixed up all that we wanted to on the inside, finished hard wood floors and whatnot. Now that we're expecting a baby in August, my wife tells me that I'm nesting. I have just recently landscaped the entire front yard with new sod and plants and so now I'm just kind of focusing my energy on the outside. I want a product that was a little bit more energy efficient and easier to maintain with the baby on the way and that's why I contacted Ultra Tech. I thought that they had a great product and I want to maintain as much integrity of the home as I can. I also want to note that my neighbor across the street had siding put in about 5 months ago. Hostetler: That's not part of the district. Helmen: Oh ok. Klusczinski: Which is relevant, but we understand. Helmen: I just want to note that I take great pride in my home. Not to say that a lot of my neighbors don't, a lot of them are rental properties and I'm sure that the managers have something else that they'd rather do with them. I take pride in ownership of my home and I think it would make me and my wife especially happy. Phil's here along with Stan, the gentleman that might be installing it to answer any technical questions. Klusczinski: Thank you, are there any questions for the petitioner? Riley: Did you look into having it stripped and painted? Helmen: No,' it's not something that I... I've heard horror stories about having to repaint and whatnot with houses. My mother in law had to do it due to failed attempts to paint. I just wanted to go with something that would be easy to maintain and insulated and whatnot. Riley: But when you buy a historic house, you're taking possession of something and there are standards... Helmen: I don't think at the time when I bought the house that I understood the extent that I had to go to get the proper approval and whatnot. I understand that. I guess I really hope I answered your question, I'm not really too sure. Klusczinski: Any other questions? Did you have an opportunity to review the guidelines for the district prior to the consideration of vinyl? Helmen: Yes, sir. Well, when I closed on the house the previous owners kind of handed me this booklet and said `here, you know, congratulations, you're renting your water heater'. I didn't realize what extent I had to go to until I had to actually do the siding.- Klusczinski: Ok. If there are no additional questions, we'll move to Commission discussion. Anyone have any thoughts or comments? Chase: Do you have any idea of the last time that the house was painted? Helmen: My neighbor tells me that it's had maybe, that it's maybe 15-20 years ago that it's been painted. Mata: I'd just like to say that the product that we're going to replace it with is pretty much a complete replica of what's on there now. He really wanted to replace everything that's on there even down to the mantels. It will keep the same characteristics. p`+� Klusczinski: Any member of the public wishing to speak in support of the current pitjn? Hearing none. Any member of the public wishing to speak in opposition to the current position? Also hearing none, Chair closes public hearing. Any final thoughts? Zeiger: I guess that I would like to see more investigation or options than coming straight in with the vinyl. This is a very well preserved historic house, it's a classic bungalow, it is in good shape you've been taking really good care of it. It is a nice house. Architecturally, it's a stunning little bungalow, it does maintain it's character. I'd have a hard time approving vinyl and just kind of wrapping this thing up in a little vinyl box. It's one of the gems in this district architecturally, and I think to not even have the option before us to even look at paint I think makes it hard for me to just say ok. I think that the fallacies and assumptions that paint doesn't last is borne out as a fallacy by what you said ... that it's probably been 15 years since this house has been painted. I would concur with that, I think that a good paint job on this house will last as well. The cedar 15 shakes are in good condition, I think that they're going to hold paint well. I'm not convinced that this is the only route to go on this property. I think that it will paint well and it will continue to be a nice historic property under those conditions. Klusczinski: And may retain more of it's value too. . Zeiger: Yes. Riley: I wonder, and I know that you're not happy with this, but if it wouldn't be cheaper to have it painted even twice than to have Ultra Tech completely do your house. I can be done well. If it hasn't been painted in 15-20 years I think it's done very well. Granted, it needs some work. Klusczinski: There are paint jobs that fail admittedly. And there are many that stick it out. There are always reasons that paint fails. A competent contractor would be able to make an assessment and make an analysis of insulation quality within the inner walls and some of the things that lend themselves to the preservation of the house and increased value. It is a gem of a house and in a historic district which typically does not have vinyl as an option which sets it apart and probably undermines its credibility and that of the rest of the district in the same argument. Those are some of my thoughts. Any other thoughts Commissioners? Chase: Yes, I'd feel much better if we had an estimate for someone to do the house well in painting. And if you need anyone to talk to, staff can give you plenty of people. I have a house two doors down from myself and the man took the aluminum siding off, what was underneath needed a little bit repaired, but now it is the most gorgeous house. Back to the original wood and it's something that when you go to the original with the size of your clapboards here, you will have a stunning house. But, you will devalue it if you put aluminum (vinyl) on it. Klusczinski: Very good, if there are no other thoughts then we move on to a vote. Is there a motion? Zeiger: I move to deny 2008-0715A as not in keeping with the stated and adopted guidelines for the district. Riley: Second. Klusczinski: Motion has been made to deny 2008-0715A and seconded. All those in favor of the motion to deny, and you will also have to state your reason for that vote. Meteiver: I might suggest then a roll call vote on that to run down the Commission members. Klusczinski: Very good, would you like to start us off, Linda? Riley: I vote to deny this application and recommend that he come back with some plans to re- paint. I think that you'll find that you'll be happier in the long run and it will be worth more as Todd said. Klusczinski: Chair restates previous motion. Commissioner Riley votes in favor of the motion to deny. In effect, denying the C of A. Timothy Klusczinski, I move in favor of the motion to deny or vote in favor to deny. I do not believe that vinyl siding is in keeping with the guidelines of the district and sets a precedent for something that is not typically used and would potentially undermine the value of the property and in the district and the houses around it. Zeiger: Todd Zeiger, I vote in favor of the motion to deny. I feel that the guidelines are very clear that the original building material shall be retained and repaired or restored. And so I feel that this is not in keeping with that. Patrick: Commissioner Patrick votes in favor of denial because it is not in keeping with the standards. I think that's enough. Chase: Chase votes to deny the petition. Not enough options were presented at the meeting. If we had an option on the painting and the residing we'd have something to really work with but at this time we don't. Klusczinski: C of A 2008-0715A is defeated by a vote of 5-0 in favor of a motion to deny. . Moved: Zeiger Second: Riley To deny 2008-0715A Approved 5-0 LGol B. LANDMARKS 1. 234 S Coquillard Director Hostetler read a letter sent to the HPC from the owner of this property requesting an inquiry into landmarking this property. By vote, this matter was referred into the Landmarks Committee, Linda Riley chair. Moved: Chase Second: Zeiger To refer to Landmarks Crate Approved 5-0 II. REGULAR BUSINESS A. APPROVAL OF MINUTES Minutes of the Special Meeting of 5/23/2008 are accepted after additional editing for clarification by Chair's request. Moved: Zeiger Second: Chase Approval of Minutes of 6/16/2008. Approved 5-0 B. TREASURER'S REPORT Accepted as presented. C. STAFF REPORTS 1. Correspondence 2. Director — Catherine Hostetler Distributed to Commission. 4. Assistant Director — Amy Herdman Distributed to Commission. 5. Legal Counsel — Larry Meteiver The threatened Enderle legal matter has been dropped. C. COMMITTEE REPORTS 1. President's Report — Tim Klusczinski • 5/23 — HPC Special Meeting (conference room) to consider C of A # and to discuss findings of fact regarding a Riverside Drive alley vacation. • 6/10 —Attended Groundbreaking for the American Trust Plaza Development/Rehabilitation Project and City of South Bend Media Event regarding "Preserve America" designation. • 6/16 — HPC Monthly Meeting • 07/09 thru 07/13 NAPC Bi -annual Forum "National Alliance of Preservation Commissions" (New Orleans, LA) 7/10 - Bus Tour of New Orleans, including Canal Street, the French Quarter, Holy Cross Parish, Sculpture Garden (New Orleans Museum of Art), Lake Pontchartrain Shoreline and other points of interest. Perhaps the most compelling and over -reaching aspect of the tour was to witness the effects of Hurricane Katrina damage. Now, just three years after the devastation, the city is strongly invested in the task of "rebuilding" its property and the local economy. Today no area is restricted. Owners are afforded the privilege of returning to their properties (wherever they may be) for the purposes of rehabilitation or reconstruction. 17 The storm impacted the city in two ways. Flood and wind damage. Fortunately, recognizable tourist areas suffered more from wind than water and were quickly repaired to bring the economy back online. It was revealed that locally owned businesses (Mom and Pop shops) were largely responsible for this development. Since those operators were deeply invested within the community — New Orleans was their home, they needed income to rebuild their residence, along with a strong cultural connection to heritage. Many of the chains and franchises pulled the plug and opted not to rebuild for better return on investment opportunities (elsewhere). And so community spirit more than outside investment claims the most credit for the Crescent City Comeback. National awareness continues to spur further renewal. Examples are Brad Pitt, Harry Connick, Jr. and Musicians Village. Recovery continues to be slow but steady. Some estimates state that there are 30- 40,000 vacant, damaged and abandoned properties left. The City is funding the demolition of 10- 15/week. Resources are thin. There's just not enough financial relief to proceed more rapidly. The call for demolition is regretful but necessary in the course of recovery. New Orleans is strongly aligned with historic preservation. However, the foreseeable delay in bringing many properties back against a noticeable infestation (rodents) or other safety hazards rearranges philosophical priorities. Much architecture and history (especially in the residential districts) will be permanently lost well before recovery is complete. The redevelopment of many historic residential communities is now subject to liberal interpretations of the standards to offset as much demolition as possible. Business district fagade control is mostly unaffected. Tourists that remain within these areas would not realize the devastation and the impact of the outlying disaster -affected zones. 07/11— Commission Chair Training The responsibility and authority bestowed upon the chair should be understood within the framework of a commission's public, legal, and internal function. The chair sets the tone for commission policy and is often the spokesperson for public outreach - at the foreground of educational initiatives and when things become controversial. It is often said that when things are going smoothly, you will see commission staff member, but when trouble is brewing, the chair takes the heat. The public will be the biggest critic or best ally to any commission. Successful commissions strive to be proactive through demonstrations of fairness and public educational opportunities. A chair must encourage behavior that will create a positive and productive climate for both staff and board. The chair serves as a liaison between the two. Local ordinance power stems from the 100' Amendment to the US Constitution, meaning that states are entitled to default authority not otherwise reserved by the federal government. Laws must pass the litmus test of existing for the public good, not for one person, not arbitrary and unreasonable, and for health, morals, peace, quiet and general welfare. In preservation cases involving litigation, it is important to focus on the benefit to public rather than defending against particular owner circumstances (individual rights or financial hardship). Many times, the individual circumstances may be alleviated through other means (tax relief grants, public acquisition, zoning variances, easements, etc...) • The courts have ruled that self-imposed financial hardship cannot be used as a defense. Advice: get demolition by neglect provisions into your local ordinance! The use of fines, penalties and eminent domain provisions are also important tools to secure endangered properties. • The commission chair must have a working knowledge of procedure (enabling ordinance, by-laws, parliamentary procedure, governmental process) to orchestrate decisions that are less likely to be challenged as discriminatory or unreasonable. Be consistent! • For applications, the Chair must question if the supporting evidence is Sufficient, Relevant (germane), Competent, Credible, and Consistent. • The chair must also verify that each application satisfies the requirements for proper notice, quorum, completeness and record keeping. The chair's goals are always to be clear, efficient, predictable, fair, and informed. 18 07/12 — Safety and Building Codes ■ Traditional building code requirements have hampered preservation attempts. Municipal regulations have applied mostly to new construction. Changes in building use may trigger extensive reworking of old buildings and compromise their design and appearance. Note: A.D.A. is a civil rights act and not a building code. Although the construction requirements are enforced through local building departments. ■ Enter the IEBC "International Existing Building Code." Attempts to balance the improvements sought by society without imposing an excessive burden upon the owner. Rehab is unpredictable by nature. Its basic goal is predictability and proportionality. The current approach is to encourage areas to be revitalized, permit new uses and to keep all buildings in use. The benefits reduce community costs while generating tax income. The new standards apply to "Rehabilitation" (no change in the character and use of a building, including modernization -preservation) and "Adaptive Reuse" (where the character and use of a building changes). • Since rehab work and building department interpretations may drastically differ, outcomes are not consistent. ■ See also the National Trust publication: "Building Codes for Historic Buildings" 07/12 — Introduction to LEED ■ Over 50% of landfill debris is from new construction. The construction of buildings accounts for 40% of the energy used in the US. ■ Energy loss in a building • 35% through Walls • 25% through Roof • 15% from Draughts • 15% into the Ground • 10% through Windows (mostly frames) ■ The LEED "Leadership in Energy & Environmental Design" Standards is one method used to encourage better use of resources to create safer environments. But it is not perfect. • The rating system can award points for new materials that exceed credits to retain/reuse entire existing buildings. There is an effort underway to reassess those priorities in the interest of historic preservation and sustainability. • Other "cheats" allow credits for local materials but apply a 500 -mile radius to that definition. Credits for material reuse need not be for the same construction project (not necessarily a bad thing) • LEED-NC (New Construction) if less than 50% of the residents will remain inside the building during construction. • LEED-EB (Existing Buildings) if 50% or more of the residents will remain inside the building during construction. 07/12 — New Additions —'The Good, the Bad and the Ugly' ■ Appropriateness changes over time. ■ US Secretary of the Interior states that new work should be differentiated from the original and compatible with the massing, size, scale and architectural features to protect the historic integrity of the property. • Reversible: the original structure should be able to revert back its prior condition. • Preserve Historic Materials, Features and Character. (of the focus property and its environment. Consider precedents) • Protect Historical Significance — Make visual distinction between the old and the new design • Additions should be subordinate to the parent structure • Typical New Addition Placement . I� o Rear o Side o Rooftop (vertical living spaces) o Dormers • Moral: Through creative and sympathetic design solutions, the sum of the parts can become greater than the whole! 07/12 — Adopting and Using Demolition by Neglect Ordinances ■ Demo by Neglect is destruction by the gradual deterioration through failure to perform maintenance. It may be caused by accidental or intentional behavior. ■ It is difficult to control Demolition by Neglect without first developing a Local Ordinance. Effective legislation (local ordinance) will: • Establish Criteria and include the Authority to Act • Satisfy due process requirements within notice and procedure • Provides relief strategies for economic hardship . • Outlines an Appeals procedure • Sets forth manner of enforcement; including orders, citations, and timeframes for problem corrections • Establishes preservation authority role in city demolition decisions Other Tools (Carrots and Sticks) Incentives: low cost loans, tax incentives, grants in exchange for conservation easements, etc... • Penalties, fines and levies • Eminent Domain/Receivership: Acquisition, Restoration, and Active Reuse. Property may be taken, rehabilitated and put back into circulation. • Government Partnerships • Public Partnerships (Neighborhood Associations & Historical Societies) • Case Studies o Galveston, TX o Raleigh, NC (Boylen Heights and Oakwood) ■ Municode.com sec 10-6180 through 6186 o Little Rock, AR ■ City Tools Act: Permits repair for neglect after notification (7,500 cap) III. OLD BUSINESS IV. NEW BUSINESS 1. President Klusczinski requested a motion to give authority to staff to' immediately refer the anticipated Monroe School C of A to the Standards and Maintenance Committee. This action will expedite the C of A process for this work, already significantly delayed and should indicate the HPC's interest in cooperating with all parties involved. Director Hostetler was also asked to offer to meet and consult with said parties in advance of the anticipated C of A filing to determine if the HPC can be of any assistance in that process. That suggestion lead Commissioner Zeiger to inquire how C of A's are worked out and planned. A brief discussion was had on the merits of having a preliminary, non-binding approval process to assist with the planning of both large and small projects. Such a process, though adding an additional review step, would also provide guidance and feedback to property owners and their architects/contractors before too much money or labor had been expended. Moved: Chase Second: Zeiger To refer Monroe School C of A Approved: 5-0 to Standards and Maintenance Cmte immediately upon receipt. 20 2. Commissioner Zeiger inquired into the state of the budget process. At the time of this meeting, the HPC has been instructed to cut 8% of its $80K county funded budget. Much of the cutting will come from "Other Contractual Services" and such line items as postage and printing. Mr. Zeiger also asked after the Commission's role in determining the budget priorities for the HPC. It is presently entirely the purview of the Director. Any change to that, or review of budget priorities in future years, should be discussed at the June and possibly July HPC meetings- as due dates etc for the budget process are very fluid. 3. New Commissioner Jerry Niezgodski was introduced and welcomed to the Commission. His appointment begins in August 2008. Commissioner Linda Riley was congratulated on her 3 year re- appointment effective immediately. The Commission welcomes them! V. HEARING OF VISITORS No one asked to be recognized. ADJOURNMENT 8:49pm Moved: Zeiger Attest: Jerry j dak 1 Secretary Historic Preservation Commission of South Bend & St. Joseph County Second: Patrick Approved: 5-0 Ctl�` Date 21