Loading...
HomeMy WebLinkAboutFebruary 2018t HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY County—City Building, South Bend, IN 46601 http://www. southbendin.gov/government/department/community-investment Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov Timothy S. Klusczinski, President A Certified Local Government of the National Park Service Elicia Feasel, Historic Preservation Administrator MONDAY, February 19,2018-5:30 p.m.—MEETING AGENDA COUNTY—CITY BUILDING, 13th FLOOR, ROOM 1308 1. CALL TO ORDER, ROLL CALL II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1.2018-0118 1728 East Wayne 2. 2018-0206 517 Carroll Street III. HEARING OF VISITORS IV. REGULAR BUSINESS A. APPROVAL OF MINUTES 1. January 22, 2018 B. TREASURER REPORT 1. Location Report C. STAFF REPORTS 1. Correspondence 2. Legal D. COMMITTEE REPORTS V. OLD BUSINESS A. BYLAWS VI. NEW BUSINESS VII. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS A. Palais Theater B. Engman Natatorium VIII. ADJOURNMENT #7796-87 East Wayne Street #8952-98 Taylor's Field F Telephone interpreter service is available upon request free of charge for individuals with limited English proficiency. Auxiliary aid or other services are available upon request free of charge. Please give reasonable advance request when possible. I HISTORIC PRESERVATION COMMISSION PUBLIC SIGN IN SHEET February 19, 2017 Because distribution of federal funds may be involved, the City of South Bend is required to maintain a record of whether members of the public attending this hearing or event are minorities. Please designate your status using the following letters: w (White/Caucasian), B (Black), H (Hispanic), O (Other). If you are female, include F, and if you are disabled, include D. Hearing of Visitors is limited to three (3) minutes per person. NAME ADDRESS Tr: -- C i/t" C�- t"tvee W, B, F, D H, O STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: February 12 2018 Application Number: 2018-0118 Property Location: 1728 East Wayne Street Architectural Style/Date/Architect or Builder: Neo -Colonial / 1952 / "Parchem House" Property Owner: Daniel & Elizabeth Colleran Landmark or District Designation: East Wayne Street Local Historic District, Ordinance 47796-87 Rating: Non -Contributing DESCRIPTION OF STRUCTURE/ SITE: The Garrison Colonial Revival house is a 2 -story frame with rectangular frame. It has a gable roof, plain raking trim and asphalt shingles. The second floor overhangs at the front. The exterior facade is wood shingles and flagstone. The wooden windows are 2/2 double hung with horizontal lines and louvered shutters. There is a large picture window flanked by double hung 2/2 sashed windows in a square bay extension at the front of the house. The entry is offset with a single door and wood screen, simple flush pilaster and entablature detail. The chimney is external and on the west side of the structure. A one-story shed addition is at the rear of the main house. There is a detached 2 -car garage at the rear of the property. ALTERATIONS: The concrete stoop previously had railings, but they were removed at some point. CoA 1998-0910 permitted the complete tear -off and re -roof of the structure. Ten original windows were • replaced in January of 2018 without COA. APPLICATION ITEMS: "Window replacement — leaking windows w/ lead paint." DESCRIPTION OF PROPOSED PROJECT: Applicant seeks retroactive approval for the removal and replacement of ten of the existing original wood 2/2 double -hung windows on the second floor with 1/1 double hung Pella Series 250 vinyl windows. The distribution of the windows on the second floor according to supplemental information provided by the applicant is as follows: The North (street) face has three windows (one in the guest room, two in the nursery). The East (driveway) face has two windows (one in the nursery, one in the hallway). The South (rear) face has three windows (one in the bathroom, two in the master bedroom). The West face has two windows (one in the master bedroom, one in the guest bedroom). The windows on the first floor (including a large picture window on the street face) are not being replaced at this time. PRESERVATION SPECIALIST REPORT: January 18, 2018 At approximately 12 pm, I drove past the house located at 1728 E Wayne St, part of the East Wayne Local Historic District. I noticed a box truck in the driveway and someone on a ladder installing a window on the second story. I stopped and introduced myself and my business card. I inquired if any building permits were obtained, the gentleman informed me that he is a Lowe's subcontractor and they handle all that. He informed me that the owner was home and he would get her. I approached the door introduced myself and gave her my card. She informed me that she read that guidelines and that she was under the impression that the work being performed was within those guidelines since her house was rated non-contributing in the guidebook. I informed her that any work anywhere in the county that materials cost more than $400 required a building permit. In any case, the house is still a part of a designated historic district and a change in materials is being performed, the Historic Preservation Commission would still have to have an approved Certificate of Appropriateness before the Building Department could issue a permit. She informed that she was pregnant and they are under a time crunch to get the windows replaced (and lead paint removed) prior to the baby's arrival. I asked her to please contact the Historic Preservation Commission (number on the card) after Ipm to find out what needs to happen next. The contractor asked me if he should continue the installation, I informed him that I cannot issue a stop -work order but the Building Department could. I photographed the windows that were removed and they are wood double -hung windows two over two horizontal with aluminum storms over. The ones being installed are vinyl double -hung. I returned to my vehicle and telephoned the Building Department. They told me they would send someone out. I also sent a message to the Administrator and Preservation Specialist to make them aware of the situation. Steve Szaday Historic Preservation Inspector STANDARDS AND GUIDELINES: East Wayne Street Historic District — Guideline for Historic Preservation and Redevelopment The East Wayne Street Local Historic District was established by an ordinance enacted by the Common Council of the City of South Bend in 1987 for the protection of the historic character of the neighborhood. Under the requirements of this ordinance, a Certificate of Appropriateness (CoA) is required for any activity in the district which requires a building permit or which alters the appearance of a building or site. Painting of previously painted surfaces is released from this requirement and requires no approval. Consideration by the Historic Preservation Commission of proposed repairs or alterations is guided by the following set of guidelines which have been developed cooperation with neighborhood representatives and have been adopted by referendum of the district property owners. Note: The Guidelines selected by the East Wayne Street Local Historic District are (W) — Rehabilitation. (W) Rehabilitation Maintaining the existing character of the District, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials which are incompatible with the defined elements of preservation for the District. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with the existing structures and the District's defined elements of preservation. The use of original materials or construction techniques would be • encouraged, but contemporary methods and materials would be acceptable when compatible. C. WINDOWS AND DOORS Window and door frames are of wood or steel (some casements) or in the case of brick structures, stone sills and brick lintels. Where metal or vinyl siding has been applied, window trim has been covered. Storm windows are of wood or aluminum. Required Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods, and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended Wood frame storm windows and doors painted to match the original should be used but should not damage existing frames. If new sashes or doors are installed, the existing or original materials, design, and hardware should be used. When metal storm doors are used, they should be painted, anodized or coated to match the existing. When awnings are used they should be of canvas material. Prohibited Original doors, windows and hardware shall not be discarded when they can be restored and re -used in place. New window and door openings which would alter the scale and proportion of the building shall not be introduced. Inappropriate new window and door features such as aluminum insulating glass combinations that require removal of the original windows and doors shall not be installed. Not Recommended Awnings, hoods, and fake shutters made of metal, vinyl, or fiberglass should not be used if they would detract from the existing character or appearance of the building. 0 47 i40 STAFF RECOMMENDATION: ■ Original windows on both floors of the structure were wooden 2/2 double hung. The replacement is windows installed on the second floor are vinyl 1/1 double hung. Had the contractor applied for the required building permit HPC staff would have been able to advise the homeowner regarding window divided light pattern and materials to come to an agreeable and cost-effective solution. ■ The condition of the original windows is unknown as the contractor removed windows and installed new prior to inspection and prior to obtaining a building permit. According to the homeowner the windows contained lead paint the removal of which would require a certified lead/EPA contractor. Staff acknowledges that there are a limited number of lead/EPA certified contractors available locally contributing the practical difficultly of reusing the original windows. ■ The East Wayne Street Standards and Guidelines advise that original windows and doors shall be retained, including sashes, lintels, shutters, decorative glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Written by Adam Toering Historic Preservation Specialist Approved by Elicia Feasel Historic Preservation Administrator • • Scope of Work as Submitted January 18, 2018 1728 E. Wayne Street Elizabeth & Daniel Colleran 3 Bedrooms 1 bath / 1 half bath Master— 3 — Faces West and South Nursery — 3 — Faces North and East Guest Room — 2 Faces North and West Hallway — 1— Faces East Bathroom — 1— Faces South — bottom pane tempered w/ privacy glass — currently original window is tempered with privacy. • Ok • • • Photos Figure 1- 1728 Wayne, taken from the Street on January 22, 2018. Second story windows have been replaced. Figure 2 — East face on January 22. Upstairs windows have been replaced. C7 �11 • • Figure 3 — West face on January 22. Upstairs windows have been replaced. STAFF REPORT • CONCERNING APPLICATION FOR A CERTIFICATE. OF APPROPRIATENESS Date: 6 February 2018 Application Number: 2018-0206 Property Location: 517 S Carroll Architectural Style/Date/Architect or Builder: 1885 / L -Plan Property Owner: Eduardo Forero Landmark or District Designation: Taylor's Field, Ordinance #8952-98 Rating: Non Contributing DESCRIPTION OF STRUCTURE/ SITE: This two story plus attic L -plan structure has an irregular plan and is situated on a cement block foundation. The exterior walls are covered in vinyl siding. The roof is covered with asphalt shingles and has a wide carved cornice under the eaves of the front gable and dormer. There is an enclosed brick porch with double hung windows and door facing the street. There are a variety of window styles, including 1/1 double hung. The front bay had two (up until December of 2017) arts -and -crafts style of division windows of 16/1 on the first and second floor. Front gable has an arts -and -crafts style window with 14 small panes around one slightly large pane over one. A side dormer has a fixed window with 18 divisions. A poured cement retaining wall faces the street. ALTERATIONS: COA 2005-0825 called for the removal of 8" aluminum siding to be resided with double 4" vinyl siding resembling clapboard, but permit was revoked in November of same year as the exposed original siding was determined to be in better condition than originally reported. COA 2007-0529 called for the installation of vinyl siding to the body of the house but retained, repaired, and repainted the trim around the windows, as well isas the gables and fascia. COA 2007-0627 replaced the north side door with a steel security door and a new screen door in the existing frame. COA 2012-0612A installed a solid vinyl privacy fence around the perimeter of the back yard from the rear set back along the property lines. Nine original windows were replaced in December of 2017 without COA. APPLICATION ITEMS: "A) Replacement of seven windows. B) Refurbishing existing windows." DESCRIPTION OF PROPOSED PROJECT: A) Applicant seeks retroactive approval for the installation of seven Triple Pane — Ecoshift "Panorama Series Windows". The subject windows are double hung and two are 2 -lite. Window distribution as follows: two double hung (29 'h" x 69") in the living room, two double hung (29 7/8" x 61 1/8") in the main bedroom, and two double hung (29 %2" x 61 1/8") and another double hung (27'/2" x 53") in the second bedroom. B) Applicant seeks permission to remove two 2 -lite vinyl windows that were previously installed without Certificate of Appropriateness. These windows will be replaced with refurbished original windows. PRESERVATION SPECIALIST REPORT: January 31, 2018 On January 29, 2018, I had the opportunity to meet with the owner of 517 Carroll St at the address to inspect the condition of the windows that were removed from the large front openings on the first and second floor of the house. The windows were both double hung with a single mullion on the lower sash and twelve rectangular or square panes on the upper sash. The sashes are not deteriorated due to rot or water damage, but are in need of repairs. Photographs will show that the sides of one of the upper sashes is split but could be repaired. There is also another sash that the mortise and tenon joints have split and part of the mortise is no longer present. There are areas where the glazing material is absent and the majority of the glazing needs to be removed, cleaned and new material applied. There are also areas of damaged mullion where the sash lock has broken the mullion when not fully opened. I talked to the owner of the windows installation company and inquired to the methodology of how the installers would have put the new windows in to speculate if the original jambs may have been damaged or removed during the installation. He informed me that the replacement windows did not have flanges and that the interior stops were reused. He also said that the sash ropes were cut but the weights left in the pockets. Some of the pulleys may have been damaged or removed during installation depending on the fit and square of the existing openings. I cannot . determine the condition of the jambs without removing the new windows. The installer stated that the large windows, especially the one on the first level, had severe damage to the jamb and sill plate. I cannot confirm nor deny these claims as the interior trim work and exterior aluminum wrap obscure clear view to the frame. I also learned that the largest double hung window the company makes is 48" wide. The original windows are 51.5" and 52" wide. They did not want to lose any windows light by using two double -hung with center support which is why they were forced to use sliders. He also suggested false grids for the sake of appearances but they were cost prohibitive. Steve Szaday Historic Preservation Inspector STANDARDS AND GUIDELINES: Taylor's Field Local Historic District Guidelines The Guidelines selected by the Taylor's Field Local Historic District are: (b2) Rehabilitation Maintaining the existing character of the District, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials which are incompatible with the defined elements of preservation for the District. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with the existing structures and the District's defined elements of preservation. The use of original materials or construction techniques would be encouraged, but contemporary methods and materials would be acceptable when compatible. II. EXISTING STRUCTURES C. WINDOWS AND DOORS Windows and door frames are in most cases wood. Brick structures have stone sills and brick lintels. In some cases where additional siding has been applied window trim has been covered. Many structures in the district have aluminum storm windows. Some houses retain wood framed storm windows. Required Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended Wood frame storm windows and doors painted to match the original should be used but should not damage existing frames and should be removable. If new sashes or doors are installed, the existing or original materials, design and hardware should be used. When metal storm doors and windows are used, they should be painted, anodized or coated to match the existing. When awnings are used they should be of canvas material. Prohibited Original doors, windows and hardware shall not be discarded when they can be restored and re -used in place. New window and door openings which would alter the scale and proportions of the building shall not be introduced Inappropriate new window and door features, such as aluminum insulating glass combinations that require the removal of the original windows and doors, shall not be installed. Not Recommended Awnings, hoods and fake shutters made of metal, vinyl or fiberglass should not be used if they would detract from the existing character or appearance of the building. STAFF RECOMMENDATION: Staff recommends retroactive approval of the application to install seven new vinyl windows in this structure. Staff recommends approval of the application to remove the vinyl 2 -lite windows and refurbish the original windows, as they are a character defining feature of the house. Written by Adam Toering Historic Preservation Specialist Approved by Elicia Feasel Historic Preservation Administrator �_ Figure 3 - Michiana's Best Choice Windows scope of work dated October 3, 2017 Figure 4 - Dimensions of windows and location as provided by applicant • • • • Figure S - Removed original windows as of December 18, 2017 0 • MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY January 22,d 2018 13t1i Floor Conference Room County — City Building South Bend, IN 46601 I. CALL TO ORDER President Klusczinski called the meeting to order at 7pm. Members Present: Timothy S. Klusczinski, President; Michele Gelfinan, Secretary; Tom Gordon, Asst. Secretary; Joseph Molnar, Treasurer; Brandon Anderson; Jennifer Parker, Architecture Historian. Members Not in Attendance: Kevin Buccellato; Elizabeth Hertel, Vice President; Mike Voll Staff Present: Elicia Feasel, Historic Preservation Administrator; Adam Toering, Historic Preservation Specialist; Steve Szaday, Historic Preservation Inspector; Ben Dougherty, Legal Counsel Staff Not in Attendance: n/a Members of the Public Present: James Mueller, Department of Community Investment Tim Corcoran, Department of Community Investment Eduardo Forero, 517 Carroll St Diane Phillips, 1203 E Wayne St S Terry Holm, 11347 Anderson Lake Drive Jay Holm, 16099 Baywood Lane Ron Radecki, 123 S St. Peter St II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. 517 Carroll St COA# 2017-1219 #8952-98 Taylor's Field Representation: Eduardo Forero, 517 S Carroll St STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 3 January 2018 Application Number: 2017-1219 Property Location: 517 S Carroll Architectural Style/Date/Architect or Builder: 1885 / L -Plan Property Owner: Eduardo Forero Landmark or District Designation: Taylor's Field, Ordinance 48952-98 Rating: Non Contributing DESCRIPTION OF STRUCTURE/ SITE: This two story plus attic L -plan structure has an irregular plan and is situated on a cement block foundation. The exterior walls are covered in vinyl siding. The roof is covered with asphalt shingles and has a wide carved cornice under the eaves of the front gable and dormer. There is an enclosed brick porch with double hung windows and door facing the street. There are a variety of window styles, including 1/1 double hung. The front bay had (up until this application) an arts -and -crafts style of division of 16/1. Front gable has an arts -and -crafts style window with 14 small panes 1 around one slightly large pane over one. A side dormer has a fixed window with 18 divisions. A poured cement retaining wall faces the street. ALTERATIONS: COA 2005-0825 called for the removal of 8" aluminum siding to be resided with double 4" vinyl siding resembling clapboard, but permit was revoked in November of same year as the exposed original siding was determined to be in better condition than originally reported. COA 2007-0529 called for the installation of vinyl siding to the body of the house but retained, repaired, and repainted the trim around the windows, as well as the gables and fascia. COA 2007-0627 replaced the north side door with a steel security door and a new screen door in the existing frame. COA 2012-0612A installed a solid vinyl privacy fence around the perimeter of the back yard from the rear set back along the property lines. APPLICATION ITEMS: "Replace old windows." DESCRIPTION OF PROPOSED PROJECT: Applicant seeks retroactive approval for the installation of nine Triple Pane — Ecoshift "Panorama Series Windows". Seven windows are double hung and two are 2 -lite. Window distribution as follows: one -2 lite (517/8" x 69") and two double hung (29 %" x 69") in the living room, one 2 -lite (517/8" x 61 1/8") and two double hung (29 7/8" x 61 1/8") in the main bedroom, and two double hung (29 %" x 61 1/8") and another double hung (27 %2" x 53") in the second bedroom. Some of the original windows were retained by the property owner following their removal from the structure, and may be able to be restored. PRESERVATION SPECIALIST REPORT: On Monday, December 18, 2017 at approximately 1:30 pm I was driving south on Carroll St. and noticed a truck and trailer for Michiana's Best Choice Windows parked in front of 517 Carroll St. I pulled over and saw new vinyl windows installed at the house. I drove through the neighborhood with Deputy Director Toering on December 12 and the original windows were still in place at the at time. I introduced myself to the gentlemen that were there and met Rob Koon from Midwest and got his card. I explained to him that this was a property located in a designated local historic district. He told me that he had done previous work in the River Bend LHD and was familiar with HPC. He explained that the owner was responsible for getting COAs and permits as stated in their contract. He still had some of the original windows in the trailer which he allowed me to photograph. He did state that he certainly was not trying to hide as the trailer had been parked at the location since the previous week. (December 13) He also stated that the owner will be looking to replace additional windows in the near future. The owner came into the HPC office on December 19, 2017 to complete his application. I was able to accompany him to the property and take interior and exterior photographs of both the remaining original and new windows. I did find that most of the windows were structurally sound, but after years of multiple layers of paint and tubes of caulking, the performance and fit of the sashes is failing. I did not find a single pair of sashes that either lined up nor were air -tight. The top sashes are painted shut but have slipped down '/4 to '/2 inch, the previous owner then added caulk as a means to reduce air infiltration. Most of the windows are missing sash ropes and are thus in -operable. I also noticed that caulk was used in lieu of glazing for several windows on the exterior of the panes. Steve Szaday, Historic Preservation Inspector STANDARDS AND GUIDELINES: Taylor's Field Local Historic District Guidelines The Guidelines selected by the Taylor's Field Local Historic District are: (b2) Rehabilitation Maintaining the existing character of the District, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials which are incompatible with the defined elements of preservation for the District. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with the existing structures and the District's defined elements of preservation. The use of original materials or construction techniques would be encouraged, but contemporary methods and materials would be acceptable when compatible. II. EXISTING STRUCTURES C. WINDOWS AND DOORS Windows and door frames are in most cases wood. Brick structures have stone sills and brick lintels. In some cases where additional siding has been applied window trim has been covered. Many structures in the district have aluminum storm windows. Some houses retain wood framed storm windows. Required Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended Wood frame storm windows and doors painted to match the original should be used but should not damage existing frames and should be removable. If new sashes or doors are installed, the existing or original materials, design and hardware should be used. 2 When metal storm doors and windows are used, they should be painted, anodized or coated to match the existing. When awnings are used they should be of canvas material. Prohibited Original doors, windows and hardware shall not be discarded when they can be restored and re -used in place. New window and door openings which would alter the scale and proportions of the building shall not be introduced Inappropriate new window and door features, such as aluminum insulating glass combinations that require the removal of the original windows and doors, shall not be installed Not Recommended Awnings, hoods and fake shutters made of metal, vinyl or fiberglass should not be used if they would detract from the existing character or appearance of the building. STAFF RECOMMENDATION: Staff recommends that the Commission deny the application to install new vinyl windows in this structure on the basis that that the Taylor's Field Standards and Guidelines are explicit in stating that original windows "shall be retained." Staff further recommends that the arts -and -crafts style windows (with 16/1 divided light) original to the front bays should be replaced and restored. Written by Adam Toering Historic Preservation Specialist Approved by Elicia Feasel Historic Preservation Administrator Applicant voluntarily withdrew application pending further investigation and discussion with staff. Application #2017-1219 is withdrawn. I* 2. 1203 E Wayne St South COA# 2018-0110 #7796-87 East Wayne Street Historic District Representation by Diane Phillips, 1203 E Wayne S Terry Holm, 11347 Anderson Lake Drive Jay Holm, 16099 Baywood Lane STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: January 15 2018 Application Number: 2018-0110 Property Location: 1203 East Wayne Street South Architectural Style/Date/Architect or Builder: Tudor Revival / 1927 / "Simon House" / H.R. Stapp, Architect / Whitcomb & Keller, Builder Property Owner: Joseph Wawrykow Landmark or District Designation: East Wayne Street Local Historic District, Ordinance #7796-87 Rating: Outstanding DESCRIPTION OF STRUCTURE/ SITE: The Tudor Revival house is a 2 -story frame on an irregular plan. It has a gable with asphalt shingles with trim mouldings in rake and brick corbelled brackets at the corners under the eaves. The second floor overhangs at the front entry area and is supported by brackets. The exterior fagade is comprised of offset brick and half timbering gable roof and flat roof dormers through -the -cornice; stone sills and timber lintels at first floor front window and rounded porch openings; brick half walls at front entry area and southwest corner. The pent roof is supported by brackets at the side entry. There is a corbelled brick chimney. A two car, two door garage is at the rear in an angled placement to accommodate the tapered lot site. ALTERATIONS: The 1960 Sanborn map indicates that the angled garage at the rear of the property had yet to be added. 41 Scrutinizing the manufacture of some of the existing casement windows indicates their installation sometime during the 1950s. CoA 1994-0516 approved the repointing of the masonry mortar and the replacement of broken bricks. CoA 2009-0518 approved the tear -off and re -roof of the asphalt -shingled roof. APPLICATION ITEMS: "Remove & replace windows." DESCRIPTION OF PROPOSED PROJECT: Applicant seeks retroactive approval for the removal and replacement of nineteen (19) of the twenty-five (25) windows on the house, as well as to replace the driveway side exterior entry door and storm door nearest to the garage. Reasons for doing so include the inoperable nature of some of the windows, privacy concerns in a bathroom, and security concerns. The application can be divided into three components: 1. Replacement of sixteen (16) windows with Marvin Ultimate Casement metal -clad wood windows with divided light. The street face / West elevation has the following distribution: a four -unit casement on the ground floor, a three - unit casement on the second floor, and a two -unit casement on the second floor. The driveway / South elevation has the following distribution: a single -unit casement and a two -unit casement unit on the ground floor on either side of the side -entry door, and a two -unit casement on the second floor. The South East elevation has a two -unit casement on the ground floor, a two -unit casement on the second floor, and a single unit casement on the second floor abutting the garage roof. On the second floor of the East face of the garage there is a two -unit casement window. The North East elevation has a four -unit casement and two (2) two -unit casements on either side of the fire place on the ground floor, and two (2) two -unit casements and a single -unit casement on the second floor, as well as a single -unit casement on the ground floor of the garage. The windows being replaced are not original to the house, and have no divisions. 2. Replacement of three (3) windows with glass block. These three windows are obscured from the street and are being blocked -up for security or privacy reasons. Two of the windows on the garage had interior security bars installed and were inoperable. One of these windows is on the ground floor of the east face of the garage and is partly obscured by bushes, while the second is on the north east face of the garage. The third window is on the second floor of the driveway / South elevation and is part of a bathroom, and the request to install glass block is for security or privacy reasons. 3. Replacement of the side entry door and storm door with new construction Therma Tru fiberglass -clad wood - and -insulation door and a Larson wooden storm door, respectively. The current door has 12 glass panels (3 x 4) above and a single decorative wood panel below, and is possibly original to the house. The current storm door insert has four horizontal divisions in a 3/4 lite door. The replacement door appears to be a Therma-Tru Smooth -Star® Craftsman Lite 2 Panel Shaker Flush -Glazed (Style No. S4814XC-SDLF1). Therma-Tru's website offers models that are more in keeping with the existent door (for example, Smooth -Star® 3/4 Lite 1 Panel Flush -Glazed, Style No. S2250- SDL). Multiple windows are not being replaced. These include a "circle top" on the street face, a basement window and an original window in the attic near the top of the gable wall on the driveway / South side, a glass block window on the South East side abutting the garage, and two basement windows on the North East side. Additional information and photographs are attached. PRESERVATION SPECIALIST REPORT: January 15, 2018 RE: 1203 E Wayne St South On January 11, I was asked to go to the address located at 1203 E Wayne St South. This property is located in the East Wayne Local Historic District. The contractor, J.D. Holm Construction, had come in to the building department to obtain permits, and was unaware that the house required an approved COA in order to have permits pulled that pertained to the exterior. He had already begun work and had replaced several windows already. I met with Terry Holm (contractor), and Ms. Phillips who is the owner of the house at the property. I saw four styles and construction of windows on the house. The peaks on the third floor retain the original steel casement windows. The second floor were metal construction and were single pane casement with scissor type lever type openers. The main floor had a rounded top metal construction window (this will remain), new Marvin aluminum -clad wood windows, and glass block windows in the garage area. A non -original steel casement is in the garage/breezeway addition between the house and what was the original stand-alone garage. The second generation windows are Qualitybilt Woodwork / Farley & Loetscher Mfg. Co. There are no brand identifiers on the original windows that I could find. 1 was able to fmd a catalog online and found these windows were in production from 1950 to 1960 and are metal filled with wood by-product, (sawdust and glue). Many of these windows do not close entirely anymore. My photographs will show that several are not fully closed as the owner explained that they have to push M from the outside to get the windows to latch closed. The one garage window that has been replaced with glass block faces the neighbor's house to the east and is hard to see from the street. The other is to be placed where the non original steel casement window is located in the garage/breezeway and faces the neighbor to the west. This window is visible only when following the curved road between East Wayne north and south. The second generation windows would be difficult to repair and I was unable to find any repair parts for those models. The owner plans on keeping the original third floor steel casement windows. The new windows have three panes on each window to look more similar to the original. The contractor and owner mentioned they would like to replace the storm and exterior door east of the front door as well. Steve Szaday Historic Preservation Inspector STANDARDS AND GUIDELINES: East Wayne Street Historic District — Guideline for Historic Preservation and Redevelopment The East Wayne Street Local Historic District was established by an ordinance enacted by the Common Council of the City of South Bend in 1987 for the protection of the historic character of the neighborhood. Under the requirements of this ordinance, a Certificate of Appropriateness (CoA) is required for any activity in the district which requires a building permit or which alters the appearance of a building or site. Painting of previously painted surfaces is released from this requirement and requires no approval. Consideration by the Historic Preservation Commission of proposed repairs or alterations is guided by the following set of guidelines which have been developed cooperation with neighborhood representatives and have been adopted by referendum of the district property owners. Note: The Guidelines selected by the East Wayne Street Local Historic District are (W) — Rehabilitation. (W) Rehabilitation Maintaining the existing character of the District, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials which are incompatible with the defined elements of preservation for the District. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with the existing structures and the District's defined elements of preservation. The use of original materials or construction techniques would be encouraged, but contemporary methods and materials would be acceptable when compatible. C. WINDOWS AND DOORS Window and door frames are of wood or steel (some casements) or in the case of brick structures, stone sills and brick lintels. Where metal or vinyl siding has been applied, window trim has been covered. Storm windows are of wood or aluminum. Required Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods, and hardware. When deteriorated beyond repair, they shall be replaced with units and trim resembling the original. Recommended Wood frame storm windows and doors painted to match the original should be used but should not damage existing frames. If new sashes or doors are installed, the existing or original materials, design, and hardware should be used. When metal storm doors are used, they should be painted, anodized or coated to match the existing. When awnings are used they should be of canvas material. Prohibited Original doors, windows and hardware shall not be discarded when they can be restored and re -used in place. New window and door openings which would alter the scale and proportion of the building shall not be introduced. Inappropriate new window and door features such as aluminum insulating glass combinations that require removal of the original windows and doors shall not be installed. Not Recommended Awnings, hoods, and fake shutters made of metal, vinyl, or fiberglass should not be used if they would detract from the existing character or appearance of the building. III. NEW CONSTRUCTION B. BUILDING MATERIALS Wall materials in the district include brick, stucco, half-timbering, stone, clapboard, shingle, and metal and vinyl siding. Required Exterior materials used on a new structure shall be compatible in scale, texture, and color with adjacent structures. Materials used on an addition to an existing structure shall related to the existing or original materials of that structure. As much of the original structure as possible shall be retained so that the addition could be removed without damage to the basic structure and appearance of the building. Recommended Metal or vinyl siding may be used when it is the only feasible alternative. This siding should be compatible with the original size and style and with the materials of other buildings in the district. Prohibited Inappropriate materials such as asbestos, asphalt, molded or artificial stone, or artificial brick shall not be used. Not Recommended Glass blocks should not be used. Concrete block should not be used for anything other than foundations. STAFF RECOMMENDATION: a Staff recommends approval of this application with conditions. Staff recommends approval of both the casement window and the glass block window replacement portions of this application, as the former is in keeping with the character of the house (and replaces earlier replacement windows), and the latter is only explicitly prohibited when used in new construction, and they are relatively obscured. Of the three glass block windows, Staff would prefer that a similar window to the other casements be installed (with frosted panes) on the south / driveway side second floor instead of glass block. Staff recommends that the entry and storm door proposal be revisited and revised, with preference given to refurbishing the existing material in lieu of replacement. Were replacement to be necessitated by the material being determined to be beyond refurbishment, staff would recommend that a door and storm be selected that is more in keeping with the Tudor style of this house. Written by Adam Toering Historic Preservation Specialist Approved by Elicia Feasel Historic Preservation Administrator Commissioner Parker moved to approve as submitted. Seconded by Commissioner Anderson. Six in favor, none opposed. Vote: 6 — 0 COA#2018-0110 is approved unanimously. III. HEARING OF VISITORS — A. Ron Radecki, 123 South St. Peter Street. Mr. Radecki informed the Commission that Councilwoman Broden had contacted him regarding the proposed project by David Matthews at 121 S Niles Avenue (the Emporium building) to build a deck 49' into and over the St. Joseph River parallel to the Jefferson Street bridge. Mr. Radecki distributed schematics provided to him from the Department of Natural Resources showing the proposed project. Commissioner Kluszcinski requested Staff investigate this project. IV. REGULAR BUSINESS A. APPROVAL OF MINUTES 1. December 18', 2017 Commissioner Molnar made a motion to change the meeting minutes to reflect that Commissioner Anderson was not present and should be reflected in the minutes. Seconded by Commissioner Parker. Six in favor, none opposed. Vote: 6 — 0, motion to amend the Minutes passes unanimously. Commissioner Molnar made a motion to approve the amended minutes. Seconded by Commissioner Parker. Six in favor, none opposed. Vote: 6- 0, motion passes. December 18th Historic Preservation Commission Meeting minutes is approved unanimously. B. TREASURER'S REPORT — Distributed. C. STAFF REPORTS 1. Correspondence — Distributed. 6 • • 2. RME Report — Distributed. 3. Legal — New Legal Counsel: Ben Dougherty from the City of South Bend. D. COMMITTEE REPORTS V. OLD BUSINESS VI. NEW BUSINESS A. By -Laws 1. Proposed By -Law updates have been distributed for discussion and review pending adoption at the next Historic Preservation Commission meeting. Drafts will be distributed to those Commission members not present at this meeting. 2. Legal Counsel informed the Historic Preservation Commission that the Commission members are now, for all intents and purposes, to adhere to the City of South Bend's Code of Ethics. The City's Code of Ethics will be electronically distributed to Commission members. B. Meeting Calendar Adoption Commissioner Molnar made a motion to adopt the proposed 2018 meeting schedule. Seconded by Commissioner Anderson. Six in favor, none opposed. Vote: 6 — 0. The 2018 Meeting Calendar is adopted unanimously. VH. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS A. Commissioner Parker requests that the Historic Preservation Commission send out a mailer to all the Landmarked properties to make contact with the property owners and remind them of the Certificate of Appropriateness process, in the hopes to lessen the number of retroactive permits. Commissioner Gelfman suggested that the Realtor Association should be contacted, as well. Historic Preservation Administrator informed the Commission that the Staff is preparing a draft of a letter to be sent to all property owners. Commissioner Gelfman suggested a newspaper article with the South Bend Tribune, to which Commissioners Anderson and Parker agreed, urging that the message be more about the process through which a home owner could utilize the Historic Preservation Staff and office resources to improve their property. Legal Counsel clarified the details of the interlocal agreement as it applies to the use of County resources. Commissioner Gordon requests that a presentation be prepared for use in the Real Estate industry, or other settings. VIII. ADJOURNMENT Commissioner Gelfman made a motion to adjourn. Seconded by Commissioner Parker. All in favor, none opposed. Vote 6 — 0. Meeting adjourned at 8:49 pm. Attest: I � Miltele Gelfman, , e etary Date 7 • • • Historic Preservation Commission of South Bend & St. Joseph County Address CoA# Applicant Proposed Work Description 336 W Navarre 2018-0119 Victor Myers RME — "Remove black walnut tree on east side of home. Landscape plan is in progress with intent to plant trees, shrubs and perennials in next two years. Suitable replacement tree (not Black Walnut) to be planted to the rear of the present location." 1203 Wayne St 2018-0110 Joseph Wawrykow COA — "Remove and replace 16 windows with Marvin Clad Casements, replace 3 windows with Glass Block, and replace side entry and storm door." 50106 Bittersweet Trail 2017-1204A David Visser COA — "Retroactive permit for demolition of landmarked barn. Barn was demolished in 2014 without CoA and documentation, as well as also done without permit. Property subsequently sold. This application was received by the Commission on December 18, 2017, and the Commission failed to take action on this application within forty-five (45) days thereafter. Accordingly, pursuant to St. Joseph County Code of Ordinances 154.254(E)(2), the application is deemed approved as of January 18, 2018." 512 St Joseph St 2018-0122 Dan Maloney RME — "Remove & Replace 5 first floor doublehung windows. 2- on first floor, 2- on south side, 1- on east side of the back of the house." 902 Leland Ave 2018-0131 Santos Fernandez RME — "1) Remove Fagade on west side and paint clapboard and replace old/bad boards. Replace bad east side wall with salvaged fagade removed from west side. 2) Replace front door with solid wooden door. 3) Replace wooden trim on east side wall roof eave." January 31St, 2018 EXECUTIVE OFFICERS Timothy Klusczinski, President & Chair Elizabeth Hertel, Vice President Michele Gelfman, Secretary Thomas Gordon, Assistant Secretary Joseph Molnar, Treasurer 4°M,MISSIONFgS x LEGAL AFFAIRS: Reviews and evaluates commission policies, procedures, contracts and legal strategies. Brandon Anderson (Chair), Elizabeth Hertel, Joseph Molnar, Elicia Feasel, Timothy Klusczinski - Ex Officio BUDGET & FINANCE: Advises budgetary appropriations, project expenditures and considers other financial matters. Joe Molnar (Chair), Thomas Gordon, Elicia Feasel, Adam Toering Timothy Klusczinski - Ex Officio IS STANDARDS & MAINTENANCE: Reviews Certificate of Appropriateness applications against established guidelines and standards. Promotes accepted rehabilitation methods. Thomas Gordon (Chair), Michele Gelfman, Brandon Anderson, Adam Toering Timothy Klusczinski - Ex Officio HISTORIC LANDMARKS: Recommends the historic designation or de -listing of individual sites, structures or properties and develops preservation strategies from survey information. Jennifer Parker (Chair), Kevin Buccellato, Elizabeth Hertel, Timothy Klusczinski - Ex Officio HISTORIC DISTRICTS: Recommends the historic designation or de -listing of district sites, structures or properties and develops preservation strategies from survey information. Collaborates with Local Historic District Liaisons. Michele Gelfman (Chair), Adam Toering, Jennifer Parker, Timothy Klusczinski - Ex Officio FACADES & EASEMENTS: Reviews and makes recommendations regarding nonpossessory interest in real property for the purpose in preserving its historic, cultural or architectural character. Kevin Buccellato (Chair), Thomas Gordon, Brandon Anderson, Timothy Klusczinski - Ex Officio PUBLIC RELATIONS & COMMUNITY EDUCATION: Outreach and educational initiatives (including Restore Michiana & The Southhold Preservation Awards), Joseph Molnar (Chair), Michele Gelfman, Elicia Feasel, Adam Toering, Timothy Klusczinski - Ex Officio Sou 7A qF 04 �OIyi�C///1 MD 1865 January 31St, 2018 EXECUTIVE OFFICERS Timothy Klusczinski, President & Chair Elizabeth Hertel, Vice President Michele Gelfman, Secretary Thomas Gordon, Assistant Secretary Joseph Molnar, Treasurer 4°M,MISSIONFgS x LEGAL AFFAIRS: Reviews and evaluates commission policies, procedures, contracts and legal strategies. Brandon Anderson (Chair), Elizabeth Hertel, Joseph Molnar, Elicia Feasel, Timothy Klusczinski - Ex Officio BUDGET & FINANCE: Advises budgetary appropriations, project expenditures and considers other financial matters. Joe Molnar (Chair), Thomas Gordon, Elicia Feasel, Adam Toering Timothy Klusczinski - Ex Officio IS STANDARDS & MAINTENANCE: Reviews Certificate of Appropriateness applications against established guidelines and standards. Promotes accepted rehabilitation methods. Thomas Gordon (Chair), Michele Gelfman, Brandon Anderson, Adam Toering Timothy Klusczinski - Ex Officio HISTORIC LANDMARKS: Recommends the historic designation or de -listing of individual sites, structures or properties and develops preservation strategies from survey information. Jennifer Parker (Chair), Kevin Buccellato, Elizabeth Hertel, Timothy Klusczinski - Ex Officio HISTORIC DISTRICTS: Recommends the historic designation or de -listing of district sites, structures or properties and develops preservation strategies from survey information. Collaborates with Local Historic District Liaisons. Michele Gelfman (Chair), Adam Toering, Jennifer Parker, Timothy Klusczinski - Ex Officio FACADES & EASEMENTS: Reviews and makes recommendations regarding nonpossessory interest in real property for the purpose in preserving its historic, cultural or architectural character. Kevin Buccellato (Chair), Thomas Gordon, Brandon Anderson, Timothy Klusczinski - Ex Officio PUBLIC RELATIONS & COMMUNITY EDUCATION: Outreach and educational initiatives (including Restore Michiana & The Southhold Preservation Awards), Joseph Molnar (Chair), Michele Gelfman, Elicia Feasel, Adam Toering, Timothy Klusczinski - Ex Officio • HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA BY-LAWS Amended and adopted February 19, 2018 ARTICLE 1. NAME; ESTABLISHMENT; MISSION Section 1. Name. This organization shall be known as the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission"). Section 2. Establishment. By virtue of the City of South Bend's Ordinance No. 5565-73 adopted on September 10, 1973, and St. Joseph County's Ordinance No. 154-73 adopted on May 14, 1973, the Commission was established as a joint board for purposes of historic preservation in the City and the County. The Commission has been perpetuated and operates pursuant to Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time (the "City Ordinance"), Title XV, Chapter 154, §§ 154.245-154.263 of the St. Joseph County Code of Ordinances, as may • be amended from time to time (the "County Ordinance"), and the terms of the Interlocal Agreement between the County and the City dated December 12, 2017, as the same may be amended from time to time (the "Interlocal Agreement"). Section 3. Mission. The Commission's mission is to identify architecturally or historically significant buildings, structures, sites, and objects in the City and the County and to promote the protection and preservation of the same in a manner that enhances both human and economic welfare and that accommodates development and redevelopment in the City and the County. ARTICLE 2. MEMBERSHIP Section 1. Membership; Vacancies, Absences. The Commission shall consist of nine (9) members as set out and provided for by the City Ordinance, the County Ordinance, and the Interlocal Agreement. Vacancies on the Commission and absences of a member of the Commission will be addressed in accordance with the terms of the City Ordinance, the County Ordinance, and the Interlocal Agreement. Section 2. Codes of Ethics. All members of the Commission are subject to the City of South Bend Ethics Code of January 1, 2012, as amended from time to time (the "City Ethics Code"). In addition, the National Alliance of Preservation Commissions • Code of Ethics in the form set forth below (the "NAPC Code") is adopted to govern the conduct of the members of the Commission. In the event of any conflict between the • terms and requirements of the City Ethics Code and the terms and requirements of the NAPC Code, the City Ethics Code will prevail unless a violation of the NAPC Code would result. National Alliance of Preservation Commissions Code of Ethics a. Responsibility to the Community The most effective historic preservation takes place locally, and all preservation commissioners and staff should remember that it is their duty, as public servants, to advance the greater good of the community. 1. Commissioners and Staff should be advocates for the community's heritage resources, striving to protect their integrity while recognizing the rights of citizens, individually and collectively, to their beneficial use and enjoyment. 2. Commissioners and Staff should promote public awareness, appreciation, access and support for the preservation of heritage resources. 3. Commissioners and Staff should develop standards and guidelines that are appropriate for the resources and protect the community's unique character, environment and quality of life. 0 4. Commissioners and Staff should respect the diversity of heritage resources that may hold different meanings for various groups and communities. 5. Commissioners and Staff should respect the public's right to know by providing full, clear and accurate information and observing both the letter and spirit of open meetings and open records laws. 6. Commissioners and Staff should provide opportunities for meaningful public participation in the work of the commission. 7. Commissioners and Staff should make timely, fair, informed and impartial decisions that guarantee citizens' rights to due process and equal protection under the law. 8. Commissioners and Staff should be sensitive to the interrelatedness of their decisions and the long-term implications for the resources and the community. 9. Commissioners and Staff should seek compromises or search for alternatives where necessary to achieve overall preservation goals and provide substantial justice for citizens. • OA t 10. Commissioners and Staff should recognize that the historic built environment changes over time and encourage new development that respects the historic character and fabric that preceded it. 11. Commissioners and Staff should continually evaluate and update their plans, ordinances, standards, guidelines and procedures to ensure they meet the community's current and future needs. 12. Commissioners and Staff should always strive to make decisions that are in the best interest of the community. b. Responsibility to the Profession Preservation commissioners and staff are drawn from many disciplines and backgrounds. The common thread that joins them is their interest and commitment to preserve heritage resources in their communities. A multi- disciplinary profession has developed over the years from the historic preservation movement, and commissioners and staff have an obligation to advance the best interests of this profession in the context of their commission work. 1. Commissioners and Staff should be mindful that they are representatives of the greater local, state and national preservation community and conduct themselves in a way that brings credit to their commission and the profession. 2. Commissioners and Staff should share their knowledge and experience and contribute to the development of other colleagues, particularly newly appointed commissioners, students and interns. 3. Commissioners and Staff should actively promote heritage preservation and strive to increase the involvement of underrepresented groups. 4. Commissioners and Staff should support through their memberships and other contributions organizations that promote heritage preservation. 5. Commissioners and Staff should work collaboratively with related professionals and professional organizations whose actions also affect heritage conservation including, but not limited to, planners, code officials, architects, landscape architects, archaeologists, attorneys, realtors, and developers. 6. Commissioners and Staff should treat fairly and comment responsibly on the professional views of colleagues and members of other professions. 7. Commissioners and Staff should render all practicable assistance to other colleagues and organizations in an emergency when heritage resources are at risk. 3 4 8. Commissioners and Staff should acquire a depth of knowledge that will enable them to explain to others the role of heritage preservation in a complex, modern world. 9. Commissioners and Staff should recognize that the field of heritage preservation is constantly evolving and actively pursue continuing educational opportunities in order to maintain, refine and enhance their capabilities as practitioners. c. Standards of Professional Conduct As public servants, commissioners and staff are expected to conduct themselves in accordance with the law. These standards set forth both a baseline for such legal conduct as well as aspirational goals for ethical behavior that may require a conscientious effort to attain. 1. Commissioners and Staff should thoroughly understand the legal framework of heritage preservation and consistently operate within the bounds of their authority and responsibility under the law. 2. Commissioners and Staff should treat all citizens fairly, impartially and with respect, and refrain from discrimination or harassment of any kind. 0 3. Commissioners and Staff should not accept gifts or favors under any circumstances where it might appear that acceptance could influence their judgment. 4. Commissioners and Staff should disclose all personal or financial advantages that might accrue to them, their business interests or family members either directly or indirectly from a recommendation or decision. 5. Preservation Commissioners and Staff who have an actual or apparent conflict of interest in a matter coming before them should recuse themselves entirely from deliberations and decisions. 6. Commissioners and Staff are obligated to utilize their knowledge and experience to make decisions and therefore should abstain from participating and voting only in cases of a bona fide conflict of interest. 7. Commissioners and Staff should not disclose confidential information obtained in the course of their duties, except as required by the law, or use confidential information to further a personal interest. 8. Commissioners and Staff should not abuse their office by advancing an agenda that is not in the best interest of the community or heritage preservation. . 4 • 9. Commissioners and Staff should seek the advice of colleagues or other professionals on matters that fall outside their expert knowledge or competence. 10. Commissioners and staff should be consistent in their actions and recommendations, treating similarly situated properties similarly and providing clear explanations when different treatment is required. 11. Commissioners and Staff should reveal illegal conduct on the part of other commissioners, staff, officials, applicants or their representatives to an appropriate higher authority. 12. Commissioners and Staff should not participate in deliberations or decisions without adequate preparation and knowledge of the matter before them. 13. Commissioners and Staff should avoid dishonesty, never misrepresenting facts or distorting information to achieve a desired outcome. 14. Commissioners and Staff should recognize the uniqueness of heritage properties, applying preservation theories, methods, and standards appropriate to each particular case. 15. Commissioners and Staff should be sensitive to ethical issues and ensure they are raised, critically analyzed and addressed by the commission and other appropriate authorities. ARTICLE 3. OFFICERS Section 1. Officers. The officers of the Commission shall be: a President, a Vice President, a Secretary, a Treasurer, and an Assistant Secretary. Section 2. Election. Officers shall be elected at the first meeting of the Commission each calendar year and shall serve for the calendar year or until their successors are elected. Election shall be by ballot provided that by unanimous consent it may be by acclamation. Vacancies may be filled at any regular or special meeting of the Commission. Section 3. President. The President shall (a) preside at all meetings of the Commission, (b) appoint members of committees and designate the Chairman as authorized by the Commission, (c) discharge all duties which devolve upon a presiding officer, (d) for and on behalf of the Commission and each member thereof, execute deeds, mortgages, leases, notes, and other contracts to which the Commission shall be a party and reports and other documents required of the Commission, and (e) perform such other duties as these by-laws provide or the Commission by resolution prescribes. Section 4. Vice -President. The Vice -President shall perform the duties incumbent upon the President during the President's absence and such other duties as these by-laws provide or the Commission by resolution prescribe. Section 5. Secretary. The Secretary of the Commission shall (a) attest such of the documents referred to in Section 3 of this Article 3 as may require attestation, (b) attest, after approval, preserve and safeguard the minutes of all meetings of the Commission, (c) certify copies of documents and minutes, (d) preside at all meetings of the Commission in the absence of the President and Vice President, and (e) perform such other duties as these by-laws provide or the Commission by resolution prescribe. In the Secretary's absence, then his/her duties shall be performed by the Assistant Secretary. Section 6. Treasurer. The Treasurer shall coordinate with and report to the City's fiscal officer concerning any and all financial matters affecting the Commission. If required, the Treasurer shall file a surety bond paid and administered in accordance with City policies. Section 7. Assistant Secretary. The Commission may name an Assistant Secretary who shall serve at the pleasure of the Commission and perform such duties as delegated by the Secretary or as the Commission may by resolution prescribe. 0 ARTICLE 4 MEETINGS Section 1. Regular Meetings. The Commission shall conduct a regular meeting at least once each month on the day and at the hour as determined from time to time by the Commission. Section 2. Special Meetings. A special meeting of the Commission may be called (a) by the President, (b) by three (3) members of the Commission, or (c) by the City's Historic Preservation Administrator of the Commission, by giving five (5) days' written notice to each member. Section 3. Quorum. A quorum shall consist of a majority of the duly appointed and serving members, provided that a quorum shall never be less than three (3) members. Section 4. Action. A concurrence of a majority of the members present shall be required to pass a motion or resolution. • M r Section 5. President Voting. The President may vote on all matters, resolution or other matters that are put to a vote. Section 6. Open Meetings. All meetings of the Commission are subject to and will be conducted in accordance with the Indiana Open Door Law (the "ODL," being I.C. 5-14-1.5, as amended). To the extent required by the ODL, all meetings of any standing committee or advisory board of the Commission will be conducted in accordance with the ODL. ARTICLE 5 PARLIAMENTARY PROCEDURE Section 1. Rules. Roberts Rules of Order shall govern the parliamentary procedure of the Commission. ARTICLE 6 ORDER OF BUSINESS Section 1. Order of Business. The order of business at any regular or special meeting of the Commission, unless otherwise provided in these by-laws, by resolution of the Commission, or by law, shall be as follows: is a Call to Order (b) Roll Call (c) Public Hearing (i) Certificates of Appropriateness (ii) Other (d) Approval of Minutes (e) Other Business (f) Privilege of the Floor (limited to 3 minutes per speaker) (g) Adjournment ARTICLE 7 COMMITTEES AND ADVISORY BOARD Section 1. Standing Committees. The standing Committees of the Commissions shall be Budget and Finance, Standards and Maintenance, Historic Landmarks, .Historic Districts, Public Relations and Community Education Committee, and Legal Committee. Each Committee shall be chaired by a member of the Commission who shall be appointed by the President at the first meeting in the calendar year and said Committee Chairs and Committee members shall serve for the calendar year or until their successors are appointed or the Commission by resolution shall determine otherwise. Membership on the Commission is not a prerequisite for membership on standing committees. Standing Committee members may be selected 7 C from interested and knowledgeable citizens of South Bend and St. Joseph County, and Committee members shall report to the Commission President. The majority of every standing Committee shall be constituted of Commission members. All members of the Committee shall be appointed by the President. Section 2. Special Committees. Special Committees may be appointed by resolution of the Commission to serve at the pleasure of the Commission. The President may appoint special Committees between Commission meetings to act upon urgent matters and report at the next meeting of the Commission. Such Special Committees appointed by the President may continue if authorized by resolution of the Commission. Membership on the South Bend and St. Joseph County Historic Preservation Commission is not a prerequisite for membership on Special Committees. Special Committee members may be selected from interested and knowledgeable citizens of South Bend and St. Joseph County, and Committee members shall report to the Commission President. The majority of every Special Committee shall be constituted of Commission members. No opinion or recommendation of a Special Committee shall be binding on the Commission in any way. Section 3. Advisory Board. To assist the Commission and its staff in fulfilling the Commission's mission and effectiveness in the community, an Advisory Board may be established. This Advisory Board shall be comprised of persons who ate interested in or knowledgeable of the history of the City of South Bend and St. Joseph County and/or interested in or knowledgeable of design, architecture, real estate, cultural value and historic preservation activities. Commission staff may serve as members of the Advisory Board. The Advisory Board members shall be appointed by the Commission, and Board members shall serve a term of three years, but may be eligible for reappointment at the end of each term. No opinion or recommendation made by the Advisory Board shall constitute official action of the Commission nor shall it bind the Commission in any way. The Advisory Board members shall meet as they deem appropriate or as directed by the Commission, but shall notify the Commission President at least ten days in advance of any such meeting. ARTICLE 8 AMENDMENTS Section 1. These by-laws may be altered, amended, repealed, supplemented or superseded by a vote of a majority of the Commissioners voting at a regular or special meeting of the Commissioners attended by all of them, provided that no such action shall be taken at a meeting of the Commission attended by less than all of the members, unless the members are given at least ten (10) days notice of the substance of the proposed action to be taken at the meeting. The proposed amendment shall be introduced at one 8 meeting and shall be acted upon at the next regular meeting or a special meeting called within at least ten (10) days notice. These By -Laws are set forth as amended August 18, 1986, December 18, 1995, December 19, 2005, April 16, 2008, October 20, 2008, January 26, 2009, and February 19, 2018. The 1986 Amendment enacted the new Article 9, "Conflict of Interest", and the previous Article 9 "Amendments" was re -designated as Article 10. The 1995 amendments added a new Section 2 "Loss of Membership" to Article 2 and it added new Secretary duties under Article 3, Section 5; it changed the requirement for a quorum from 5 members to "a majority" under Article 4, Sections 3; it added the Executive Director as a person who could call special meetings under Article 4, Section 2; it added "Public Hearings -Certificate of Appropriateness" as an agenda item under Article 6, Section l; and it changed the "Standards" Committee to "Standards and Maintenance" Committee under Article 7, Section 1. The 2005 amendments changed the title of Article 7 to "Committees and Advisory Board" from "Committees"; expanded Section 1 "Standing Committees" to include knowledgeable members from the citizens of South Bend and St. Joseph County that are not appointed to the Commission and stipulates that all members are appointed by the President and that the majority of Standing Committee's membership must be from the Commission. It applied the same to Section 2 "Special Committees" but stipulates that an opinion or recommendation of a Special Committee is not binding on the Commission. It also struck the phrase "which shall be named by the Commission" and gives that authority to the President in Section 1. It also struck the phrase "or by unanimous consent" in Section 2 concerning the appointment of Special Committees. Section 3 "Advisory Board" was added in its entirety. The April 16, 2008 amendment defined "Quorum" in Article 4, Section 3. The October 20, 2008 amendment revised Section 6 "Order of Business" to place Hearing of Visitors directly after Public Hearing. The January 26, 2009 amendment adopted the NAPC Code of Ethics and incorporated them into the By -Laws. The November 16, 2009 amendment established Article 9.5 Staff Procedures. The February 19, 2018, amendment made various substantive changes to Articles 1, 2, 3, 4, and 6, and deleted Articles 8, 9, and 9.5, due to the transition of administrative responsibility for the Commission from St. Joseph County to the City of South Bend and process improvements associated with the transition. 1500.0000045 54906518.004 • 6 7 RESOLUTION NO. 18-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA ESTABLISHING STAFF PROCEDURES FOR APPROVAL OF ROUTINE MAINTENANCE EXCLUSIONS WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana (the "Commission") operates pursuant to Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time (the "City Ordinance"), Title XV, Chapter 154, §§ 154.245-154.263 of the St. Joseph County Code of Ordinances, as may be amended from time to time (the "County Ordinance"), and the terms of the Interlocal Agreement between the City of South Bend and St. Joseph County dated December 12, 2017, as the same may be amended from time to time (the "Interlocal Agreement"); and WHEREAS, pursuant to the City Ordinance and the County Ordinance, (a) the Commission shall issue a certificate of appropriateness (a "COA") before the construction, reconstruction, alteration, demolition, or moving of any exterior feature of any building, structure, or use within historic preservation districts and with respect to historic landmarks, and (b) a COA is not required in the event of ordinary maintenance or repair of such a building, structure, or use that will not involve a change in any exterior features (a "Routine Maintenance Exclusion"); and 49 WHEREAS, the Commission desires to establish by this Resolution certain procedures for the handling of Routine Maintenance Exclusions by the City's staff members, including without limitation, the Historic Preservation Administrator, the Historic Preservation Specialist, and any inspector engaged in reviewing historic landmarks and properties within HP districts (collectively, for purposes of this Resolution, the "Staff'); and NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY AS FOLLOWS: 1. The Staff, on the Commission's behalf and in accordance with the terms of this Resolution, may qualify and approve any work (whether proposed or completed) as a Routine Maintenance Exclusion if it (a) does not constitute the construction, reconstruction, alteration, demolition, or moving of any exterior feature of any building, structure, or use within historic preservation districts and with respect to historic landmarks, and (b) constitutes the ordinary maintenance or repair of such a building, structure, or use that will not involve a change in any exterior features, in accordance with the terms of the City Ordinance or the County Ordinance, as applicable in a given case. 2. The Commission hereby instructs the Staff to evaluate the work or conditions potentially constituting Routine Maintenance Exclusions with reference to applicable historic preservation standards and guidelines. Page 1 of 3 ti 3. Following the Staff's qualification and approval of any Routine Maintenance Exclusion, the Staff must notify the relevant property owner(s) and/or applicant(s) that no COA is required with respect to the work, without prejudice to any other applicable requirements or procedures, and will report each such determination in writing (including details concerning the property and the work) to the Commission at the Commission's next regular meeting following the Staff's determination. 4. The Commission hereby affirms that the following is a non -exhaustive list of work, examples, and conditions that constitute Routine Maintenance Exclusions not requiring the issuance of a COA under the City Ordinance or the County Ordinance: a. MATERIAL i. The use of an appropriate architectural epoxy is permitted for restoring damaged, original material (esp. character -defining features, old-growth wood and metal). ii. Sections of incompatible siding may be temporarily removed to evaluate the condition of the siding underneath. b. WINDOWS i. Inappropriate, fixed storm window units may be removed. ii. Appropriate, wood storm window sashes may be installed at missing locations. iii. Interior storm windows that do not detract from existing window units, may be used. ROOFS 0 i. Architectural shingles may be substituted for three -tab asphalt varieties. ii. Rooftop heating elements for snow and ice dam mitigation, may be installed at approved locations. iii. New gutter sections may be installed at inconspicuous and specified locations. d. MECHANICALS i. Exhaust vents and plastic piping for Natural Gas, LP or Radon systems may be installed at specified, unobtrusive locations. e. AMENITIES i. Installations of small-scale and appropriate amenities, including: Plaques, Address Signs, Historic Markers, Mailboxes, Flower Boxes, Light Fixtures, Sconces, Flags and similar items are permitted. f. FENCES i. Changes in mounting post and gate locations, within previously established perimeters are permitted. ii. Alternative wooden picket styles that are in keeping with applicable standards and guidelines, are permitted. g. TREES i. A severely damaged, diseased or structurally intrusive tree. specimen may be removed if a suitable replacement will be substituted in situ. ii. Different tree varieties may be substituted if original species are no longer available or appropriate for the specified location. Page 2 of 3 A • t iii. New trees (for removed specimens) may be planted in nearby, alternate locations whenever the original location is deemed incompatible. 5. This Resolution shall take effect immediately upon its adoption by the Commission and shall supersede any prior resolution of the Commission concerning staff approval of Routine Maintenance Exclusions, including, without limitation, Resolution No. 17- 01, adopted on January 23, 2017. ADOPTED at a meeting of the Historic Preservation Commission of South Bend and St. Joseph County, Indiana, held on February 19, 2018, at 1308 County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Timothy Klusczinski, President ATTEST: Michele Gelfinan, Secretary 1500.0000045 54730740.003 Page 3 of 3