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Home My WebLink AboutJanuary 2018HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY County—City Building, South Bend, IN 46601 http://www. southbendin. gov/government/departtnent/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, JANUARY 22, 2018-7:00 p.m. -MEETING AGENDA COUNTY—CITY BUILDING, 13th FLOOR, ROOM 1308 I. CALL TO ORDER, ROLL CALL II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1.2017-1219 517 Carroll Street #8952-98 2.2018-0110 1203 East Wayne S #7796-87 III. HEARING OF VISITORS IV. REGULAR BUSINESS A. APPROVAL OF MINUTES 1. December 18, 2017 B. TREASURER REPORT 1. Location Report C. STAFF REPORTS 1. Correspondence ' 2. Executive Director 3. Deputy Director 4. Preservation Specialist 5. Legal D. COMMITTEE REPORTS V. OLD BUSINESS VI. NEW BUSINESS A. BYLAWS VII. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS VIII. ADJOURNMENT Taylor's Field East Wayne Street 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. HISTORIC PRESERVATION COMMISSION PUBLIC SIGN IN SHEET January 22, 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 E of Gi f e- &V-0/-3 ADDRESS W, B, H, O r I' / a ��P��, Lc a. i�-+� F, D 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 #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 (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 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 1/2" 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 (291/2" 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 Oaccompany 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 1/4 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: (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. H. 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 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 40 G� 1 d,l;V �F 1I � G� 1 d,l;V 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 • 0 Figure S - Removed original windows as of December 18, 2017 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. 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. is 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(I 3/4 Lite 1 Panel Flush - Glazed, Style No. 52250-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. I was able to find 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 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 0 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 (b2) — Rehabilitation. (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. 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: 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). 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 LJ • Scope of Work as Submitted January 12, 2018 Dear Adam, As per your request, I will compose a Scope of Work letter for the Exterior portion of our renovation project located at 1203 East Wayne street South. It is our intention to use the highest quality building materials, design techniques, and building practices that not only meet the minimal code standards but surpass them. It is also our intention to achieve a finish product that is an appreciating asset to not just this property, but also the surrounding community and neighboring properties. We have great respect for the architecture of this historically recognized neighborhood, and each individual home. It is our goal to enhance 1203 East Wayne Street South to it's fullest potential while respectfully maintaining its architectural integrity. Our goals also include the performance and long term serviceability to our homeowner of our improvements, without significantly detracting from the original charm of this home. We also recognize and embrace the possibility of opportunities to improve upon the original homes design and its operational technology. With that said, please allow me to become a bit less philosophical, and a bit more technically specific. The residence currently has a total of 21 existing windows, we do not intend to eliminate, or add any additional windows or doors to this home. Nor do we intend to alter (increase or decrease) the original window opening unit sizes. All windows are constructed to be the same as the original window sizes (of those 21 windows, (2) will remain unchanged). The history of the windows in this home, are original metal casement windows, of which there are still (3) currently being utilized. One of these steel casement windows is located in the South gable of the unfinished attic it has never been opened or operated as it is for all practical purposes impossible and impractical for a homeowner to access, and will remain. The other window that shall remain is a circle top casement window near the front door. There are two exterior passage entry doors (The existing front door and front storm door shall remain). The driveway side exterior entry door and storm door shall be replaced with a high quality, high performance, Therma Tru fiberglass clad wood and insulation door that is of a design of yesteryears wood door style. The storm door is a high quality, high performance wood door that is clad with baked on factory finish metal exterior. While this door enjoys high performing thermal qualities and long term ease of maintenance and serviceability, it is manufactured to resemble the wood doors of yesteryear. There are (17) (previously replaced) what I will call second generation casement style undivided glass light casement windows, all of these are to be removed and replaced with high quality Marvin metal clad wood casement style windows with architectural glass light dividing bars. There is (1) I am guessing 1960's awning style window that was installed to a rear garage addition years ago. There is also an original steel casement window on the back -side of the original garage. Both of these garage windows • are to receive custom size built to the original window opening size glass block window units. These windows are either impossible for any neighbors to view, or very difficult and impossible for anyone to view at all except for one neighbor with great difficulty. This brings to mind two thoughts, one, nobody can see these windows to object, and two, nobody including the homeowner can view these windows which make them a security hazard from a standpoint of someone easily breaking in undetected into the garage. Currently the homeowner has installed visible steel security bars over the existing windows in an attempt to increase security. It is our thought that the (2) new glass block window units to the garage window opening will both enhance these window opening aesthetically, and be a huge security enhancement reducing the opportunity and likelihood of the inviting to burglars current window units. There is (1) other glass block window unit to be installed on the driveway side of this home, it is the same unitsize as the current existing window. I would be please to submit any technical performance data and visual photographs that you might find helpful. I invite you to contact me for this and any other information that you deem helpful. It is important to our organization that we are doing our due diligence in representing our clients and their well founded and well thought through goals and desires with respect to enhancements to their home, while maintaining a respectful consideration for all other homeowners in the community. Your assistance and cooperation is greatly appreciated. Sincerely, Terry C. Holm J. D. Hohn and Son's Contractors LLC Box 130 Granger, Indiana 46530 (574) 288-7030 0 Figure 1 - "Front elevation. Small Ist floor Round top window to remain. Lower 4 unit window already replaced Existing Upper 3 window unit to be replaced with a 3 unit window assembly, same series as lower 4 unit that has already been installed. " • • Figure 2 - Ground floor circle top window to remain. Existing upper window to be replaced by Marvin Brand clad casement window (clay is color exterior, style and color typical). Figure 3 — Close-up of circle top window (to remain). r: • Figure 4 - 'Driveway /South Elevation. We just replaced both ground floor windows with Marvin Clad Casement (Clay Color). Both second floor windows are existing and to be replaced, one double unit Marvin Clad Casement in the existing double window opening, and a glass • block unit assembly in the single casement (bathroom) opening. " "Third floor attic window is an existing original steel casement window, and is to remain. Basement window is existing and will remain. Driveway side entry door and storm door to replaced with similar. New doors on jobsite for inspection." Figure 5 - "Sout) st been replaced, and is a Marvin Clad Casement (clay color). Existing second floor double panel unit to be replaced with a Marvin double Clad Casement unit (same as the window unit on the ground floor directly beneath it.). " "Exiting second floor single casement unit I believe is an original steel casement window. It is to be replaced by a single Marvin Clad Casement unit (clay). " • • 1-1 • r� Figure 6 - "North elevation: all three ground floor windows were just replaced with Marvin Clad Casements (clay color). Second Floor are existing, all three second floor window openings to be replaced with Marvin Clad Casement with same number of individual window units as existing. " Figures 9 and 10 - 'Interior of garage — new glass block window unit installed but not trimmed, old (2nd Generation) awning style window that we removed, notice the Security bars on the old window we removed sitting below the garage window opening. " .7 Figure 11 - "Existing (garage) steel casement prepped to be removed and glass block to be installed in its place. " Figure 12 —"Garage —New glass block window. [On the] 2"d floor you can see another original steel casement window (to be replaced with Marvin Clad Casement window of same size). 9 Si a TX 6 = l { it < m r 0 0 w i U d N 5 N i O C ti y m Z U Z N F L� 13 O VA . ' p arO . ' 3 i r , Figure 18 - Close-up of the front exterior second floor window. Figure 19 - Third floor gable wall window, to remain. • • • 0 HPC Staff Proposed Door Option Smooth -Mara ss 3/4 Lite 1 Panel Flush -Glazed I Style No. S2250-SDL 0 (0) Wfda a raviwv 4 Available Sizes < Share $ Print FINISH opnoNS 0 Alpine v GLASS OPTIONS0 to I* 0 NO 10 3SSS080 NVId HOOIA 4199t rZV-gqmoS, VAV S*FM 'S IZI --a —Nm -0 od 7n -19-w N0LL3fIWN03 10.4 NOLLVDncIcIV inma vjjmqnsRRa-N0ISNVMxDHuIZI , ka LD z ;2 WAR M 0 2 z 0 0 0 zz 00 Wn Wm 77 =_ '0 cz z M2: z 111 F, M S2 :01 E: <z .0 ZO' 0�= ZaW z 8Mh w o 0 w gL . z0o '' 0 a. < alz 00 Wal zz-6E mo .0 > 0 a SR4 00 z Z 0 Ir A MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY December 18t'', 2017 IP 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; Elizabeth Hertel, Vice President; Michele Gelfman, Secretary; Tom Gordon, Asst. Secretary; Joseph Molnar, Treasurer; Members Not in Attendance: Brandon Anderson, Kevin Buccellato, Jennifer Parker, Mike Voll Staff Present: Elicia Feasel, Executive Director; Adam Toering, Deputy Director; Steve Szaday, Preservation Specialist; Brandie Ecker, Legal Counsel Staff Not in Attendance: n/a Members of the Public Present: Ben Dougherty, 705 Franklin St, Valparaiso, IN Joan Downs-Krostenko, 849 Forest / 906 Leland Paul Fujawa, 1121 W Grace St Joe Segura, 814 Forest Ave Linda Sokol, 32332 Bertrand St, Niles, MI Timothy Sokol, 32332 Bertrand St, Niles, MI David Visser, 25614 Harold Ct, Edwardsburg, MI • Rachel Welling, 50538 Dusty Trail II. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS 1. 814 Forest Avenue COA# 2017-1120 #9574-05 Chapin Park Representation: Joseph Segura STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Date: 6 December 2017 Application Number: 2017-1120 Property Location: 814 Forest Avenue Architectural Style/Date/Architect or Builder: Gable -front / 1880 Property Owner: Joseph Segura Landmark or District Designation: Chapin Park Local and National Historic District , Ordinance #9574-05 Rating: Contributing DESCRIPTION OF STRUCTURE/SITE: This 1 '/z story frame house sets upon a concrete block foundation facing west onto Forest Avenue. The roof is hip on gable, with hip roof dormer on the north side and asphalt shingles. The structure has as an exterior chimney at the rear of the house as well as a central interior chimney. In the front of the structure is a half -width front porch with turned wood supports and moulded cornice. The exterior is covered in wood clapboard with corner board and a moulded cornice. The windows are orginal wood 1/1 double hung on the second story and 6/6 double hung in the front on the ground floor. A single oval window is at the south west corner on the ground floor. Two 4 -light casements are on the North • fagade. All windows have moulded entabulatures. Aluminum storm windows are present on the second story. ALTERATIONS: The structure was moved from 111 West Bartlett Street to the present location on December 11, 1980. White picket fence enclosing portions of the property was removed sometime after March of 1987. • APPLICATION ITEMS: "8' x 12' wood frame mud room, 10' high." See attached. DESCRIPTION OF PROPOSED PROJECT: Application is for the retroactive approval of an addition to the primary structure. Addition is an elevated mud room built on the south side of the house, measuring 8' x 12'. The addition stands 10' high, with a low-pitched, hipped roof sloped away from the original house towards the south. The roof is covered with Owens Corning weathering -grade asphalt shingles. Exterior siding is vertically -hung Arauco North American 5/8 (19/32CAT) 4x8 Textured OC wood siding. The western (street facing) portion of the addition has two Larson windows. The southern wall has three Larson windows. The eastern face has one Larson window and one Larson door with Lincoln storm and screen door with wooden steps. The addition is, according to schematics received from the applicant, 5'8" away from the lot line. Applicant intends to paint the addition to match the house. PRESERVATION SPECIALIST REPORT: On Saturday, November 11, 2017 I received a text from a resident of Chapin Park LHD that a new addition had been built at 814 Forest Ave and they wondered if that was approved by HPC. On that following Monday, November 13, 20171 confirmed with the office that we did not have an approved COA for the addition. I then visited the property located at 814 Forest and took photographs. I noticed an addition on the south side of the structure that seemed to be on "stilt" legs with an overhang that seemed very close to the property's fence. I also noticed that the siding was a plywood based wood siding with vertical grooves. This is in contrast to the horizontal clap board that is on the house. I left a business card on the front door and then forwarded the photographs to the director, the deputy director, and the building department when I returned to the office that same day. Steve Szaday, Preservation Specialist STANDARDS AND GUIDELINES: CHAPIN PARK General Definitions (B) PRESERVATION GUIDELINES (b2) Rehabilitation (ADOPTED) Maintaining the existing character of the district, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such • materials which are incompatible with the defined elements of preservation for the district. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with 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. III. NEW CONSTRUCTION New construction includes any new building or structure built within the boundaries of the historic district, or any new addition to an existing building. New construction should be designed considering the appearance, scale, styles and setbacks of the other buildings in the neighborhood. New work may be contemporary or may suggest motifs from historic buildings in the district. A. HEIGHT AND PROPORTION The majority of the structures in the district are two stories in height and have square or rectangular plans. There are several houses that have L- or T- shaped or rambling ground plans. There are a few single -story cottages and one- and one -and -a -half story bungalows. The most prevalent fagade proportions are between a 1:1 and 1:2 height to width ratio. Required The height of a new structure and its height to width proportions shall be consistent with adjacent buildings in the district. The building height shall be no greater than that of the tallest existing structure and no less than that of the lowest existing structure in the same block. Fagade proportion shall be established by permitting no structure with a fagade wider or narrower than those existing in the same block. Additions to the existing buildings shall be related in height and proportion to the existing structure. Recommended Design of new construction should be compatible in character and mood to the building or neighborhood. Prohibited Additions that would add new height or change the existing fagade of a building, and change its scale and architectural character shall not be considered. Not Recommended New stories should not be added nor existing stories be removed which would destroy important architectural details, features and spaces of the building. Any style or period of architecture that is incompatible with the existing should not be permitted in the new additions. B. BUILDING MATERIALS • Wall materials in the district range from brick, stucco and wood clapboard and shingles, to aluminum, vinyl and fiberboard / composite siding. 2 Required Exterior materials used on a new structure shall be compatible in scale, texture and color (as pertains to masonry) with adjacent structures. Materials used on an addition to an existing structure shall related to the existing or original • materials of that structure. Also, as much of the original structure as possible shall be retained so that the addition could be removed without damage to the basic structure and appearance of the building. Recommended Alternative or composite siding may be used when it is the only feasible alternative. This siding should be compatible with the original size and style and with the materials of other buildings in the district. Prohibited Inappropriate materials such as asbestos, asphalt, cast stone or artificial brick shall not be used. Not Recommended Glass blocks should not be used. Concrete block should not be used for anything other than the foundations. IV. SAFETY AND BUILDING CODES A. BUILDING CODE REQUIREMENTS Required Building code requirements shall be complied with in such a manner that the existing character of the building is preserved. Recommended Local building code officials should be consulted to investigate alternative life safety measures that will preserve the architectural integrity of the structure. Variances for historic properties should be investigated. Prohibited Construction of new stairways and elevators that would alter important architectural features and spaces is prohibited. Not Recommended Fire prevention equipment should not damage the appearance or fabric of the building. STAFF RECOMMENDATION: Staff recommends approval of the project. Staff would suggest two modifications: 1) that different siding material may be more appropriate than the vertical wood boards used, 2) that wooden lattice be installed beneath the porch. Written by Adam Toering • Deputy Director Approved by Elicia Feasel Executive Director Public Discussion: Mr. Segura specified that the addition is in compliance with Building Department requirements with regards to positioning and physical location to the lot line. Commissioner Gelfman moved to approve with the following conditions: that continuity with the original structure be achieved by installing horizontal wood clapboard, that trim be installed around the windows, and that wooden lattice be installed underneath the addition. Seconded by Commissioner Hertel. Five in favor, none opposed. Vote 5 — 0 COA#2017-1120 is approved with conditions. 2. 50106 Bittersweet Trail COA# 2017-1204A #117-76, amended 11-1987 Local Landmark • Representation by David Visser, 25614 Harold Ct, Edwardsburg, MI STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS 3 Date: December 7, 2017 Application Number: 2017-1204A • Property Location: 50106 Bittersweet Trail Architectural Style/Date/Architect or Builder: L-Plan/Italianate/1877/William C. Kownover Farm Property Owner: David A. Visser Landmark or District Designation: Local Landmark, Ordinance No. 117-76, amended 11-1987 Rating: Outstanding DESCRIPTION OF STRUCTURE/ SITE: The Kownover farmhouse is a 2 '/z story brick house with asphalt shingle roof and stone foundation. 2/2 wood windows with segmental arches, with keystones, brick heads, and stone sills, and two bay windows on the front. A portico with flat roof supported by square wood columns covers the front entrance. The property has a summer kitchen of brick to match the house, and a large gable -roof barn. ALTERATIONS: Original bay windows roofs have been replaced with higher pitch and wood shakes. Aluminum storm windows have been added. There is a small addition to the rear of the house. Between May 2012 and December 2014, the front portico was removed without a COA. The barn was taken down in 2014 without a COA. Green space at site of former barn has been developed with a stone wall built of original barn foundation stones. COA 2017-0403A approved installation of egress window on north side of house and landscaping to screen window and adjacent A/C unit, creation of dumpster pad along south side of drive adjacent to road, to be enclosed with fence, gates, and evergreens, and extension of gravel driveway. COA 2017- 0501 approved installation of 6'H dog-ear wood stockade panels along north property line. Appropriate shade tolerant plants and/or junipers to be installed as necessary. APPLICATION ITEMS: "Barn demolition. Barn was demolished in 2014 without COA and documentation of the need. Also done without permit. Property sold to Vissers in 2015. Seeking retroactive COA for building that no longer exists so that permit can be issued, and to settle the unresolved issues." See attached. DESCRIPTION OF PROPOSED PROJECT: Background: This application is a continued effort by the owner to obtain a retroactive COA on the barn that was demolished by the previous owner. At the April 2017 meeting of the Historic Preservation Commission, COA 2017-0403A was amended to strike the barn demolition due to lack of information on the condition of the barn and the COA was continued as amended with • conditions including, HPC petitions for leniency for the current owner on barn demolition and seek the previous owner make restitution. Although staff has petitioned the Building Department for leniency for the current owner and that the responsibility for the violations be directed at the owner responsible for the barn removal, it is their policy not to pursue any other owner than the current for violations. Condition of barn: What is known about the condition of the barn has been gathered from two sources, Mr. Sokol, previous owner of the property and responsible for the demolition of the barn and the site visit report made by Steve Szaday, preservation specialist. In summary, Mr. Sokol details the neglected condition of the property upon taking ownership. Specifically, holes in the 4+ layers of roof, rotten wood, animal infestation, missing and weakened fieldstone foundation, beam on top foundation rotten from animals, insects, and water, and a bat infestation. Quotes for some of these repairs began at $110,000 plus materials. See attached. According to the preservation specialist, the building lacked a foundation which contributed to its collapse. PRESERVATION SPECIALIST REPORT: See attached 2014, 2015 documents STANDARDS AND GUIDELINES: Group B A. Maintenance The maintenance of any historical structure or site shall in no way involve any direct physical change except for the general cleaning and upkeep of the landmark. The Commission shall encourage the proper maintenance of all structure or sites. B. Treatment Treatment shall be defined as any change of surface materials that will not alter the style or original form. Such improvements include re -roofing, glazing, or landscaping lawns and may involve a change that can potentially enhance or detract from the character of the landmark. A treatment change of any surface whether on the landmark or in its environment may require a Certificate of Appropriateness if it significantly alters the appearance of the landmark. Although these kinds of changes may not require a Building Permit, a Certificate of Appropriateness may be necessary. The commission should review the proposed treatment for character and style consistency with the original surfaces. C. Renovation and Additions Renovation is the modification of a structure, which does not alter the general massing while an addition, is a change in mass. A modification, which involves the removal of a part of the landmark, should be considered under demolition (see demolition). • Additions to landmarks should not detract from the original form and unity of the landmark and should not cover singular examples of architectural detail. Additions to landmarks should be added in a manner that does not disrupt the visible unity of 51 overall appearance of the site. The proportions, materials and ratios of the existing structures should be carried through in the additions. Care should be taken not to change or alter the following: 1. Structure—Necessary structural improvements, where safety demands should be accomplished in such a way as to • cause minimal visual change to the original style and construction. 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. a. wood—all wood trim should conform with existing trim in shape and size. 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. D. Demolition Historic landmarks shall not be demolished. When a landmark poses a threat to the public safety, and demolition is the only alternative, documentation by way of photographs, measured drawings, or other descriptive methods should be made of both the exterior and interior of the landmark. The person or agency responsible for demolition of the landmark shall be responsible for this documentation. E. Moving The moving of landmarks is discouraged, however, moving is preferred to demolition. When moving is necessary, the owner of the landmark must apply to the Commission for a Certificate of Appropriateness. F. Sims No neon or flashing signs will be permitted unless they are original to the structure. Billboards and super -graphics will also be disallowed. Only one appropriate identifying sign will be permitted per business. G. Building Site and Landscaping 1. Required Major landscaping items, trees, fencing, walkways, private yard lights, signs (house numbers) and benches which reflect the property's history and development shall be retained. Dominant land contours shall be retained. Structures such as: gazebos, patio decks, fixed barbecue pits, swimming pools, tennis courts, green houses, new walls, fountains, fixed garden furniture, trellises, and other similar structures shall be compatible to the historic character of the site and neighborhood and inconspicuous when viewed from a public way. 2. Recommended New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings, and newspapers. Plant materials and trees in close proximity to the building that are causing deterioration to . the buildings historic fabric should be removed. However, trees and plant materials that must be removed should be immediately replaced by suitable flora. Front yard areas should not be fenced except in cases where historic documentation would indicate such fencing appropriate. Fencing should be in character with the buildings style, materials, and scale. 3. Prohibited No changes may be made to the appearance of the site by removing major landscaping items, trees, fencing, walkways, outbuildings, and other elements before evaluating their importance to the property's history and development. Front yard areas shall not be transformed into parking lots nor paved nor blacktopped. The installation of unsightly devices such as TV reception dishes and solar collectors shall not be permitted in areas where they can be viewed from public thoroughfares. STAFF RECOMMENDATION: Based on the described condition of the structure and the financial burden that restoration and maintenance would have levied on both the previous and current property owners, staff recommends approval of this Certificate of Appropriateness. Written by Adam Toering Deputy Director Approved by Elicia Feasel Executive Director Commissioner Molnar moved to approve as submitted. Seconded by Commissioner Gelfman. Two in favor, three opposed. iVote: 2 — 3 The motion is defeated. 5 • • Commissioner Hertel moved to table indefinitely. Seconded by Commissioner Gordon. Three in favor, two opposed. Vote: 3 — 2 COA#2017-1204A is tabled indefinitely 3.906-908 Leland Representation by: Date: 8 December 2017 COA#2017-1205 #9574-05 Chapin Park Joan Downs-Krostenko, 849 Forest / 906 Leland STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Application Number: 2017-1205 Property Location: 906 Leland Architectural Style/Date/Architect or Builder: Bungalow / 1912? Property Owner: Joan M. Downs Landmark or District Designation: Chapin Park Local and National Historic District , Ordinance #9574-05 Rating: No Rating DESCRIPTION OF STRUCTURE/SITE: The structure at 906 Leland was built by the Hans family sometime around 1912 behind their primary residence (908 Leland Avenue, a Contributing -rated gabled -ell built in 1898). The structure is a small hip - roofed bungalow on a rusticated concrete block foundation with wooden siding. A full -width porch with four pillars and simple replacement railing faces the street on the western side and covers two windows and the main entrance. The north face has a single protrusion (containing the bathroom), two windows, and a small covered side entrance. The east and south faces have two windows each. A brick chimney is centrally located in an asphalt shingled roof. Windows appear to be wood 1/1 double hung. ALTERATIONS: Porch railings appear to be a later addition / replacement. RME 2017-IOIOB called for masonry work on the chimney. RME 2017-1115 removed a large maple tree that compromised the sewer between 906 and 908 Leland. APPLICATION ITEMS: "To prepared for a kitchen remodel to be described later in the proposal, we will remove the existing side porch, and build out the kitchen to a similar footprint, utilizing the existing roof line." See attached documents. DESCRIPTION OF PROPOSED PROJECT: Applicant seeks a Certificate of Appropriateness for improvements on the structure including: 1. Porch reconstruction, including new posts, steps, railings, framing, and tongue -and -groove fir flooring 2. New addition (to the kitchen), including: new foundation, framing, flooring, installation of one wooden Pella Architect Window 3/0 x 2/0 with simulated divided light external grid (3 wide, 2 high), moving existing side door to new location, new siding (1/2" x 6" Clear Cedar Bevel Siding) and exterior trim, and construction of new wooden storms for entire house. 3. Site work, including: removal of concrete driveway, excavation and installation of new sewer line, lay crushed limestone for service driveway and alley, and pour new concrete steps for the `new' side door. PRESERVATION SPECIALIST REPORT: N/A STANDARDS AND GUIDELINES: CHAPIN PARK 0 General Definitions (B) PRESERVATION GUIDELINES (b2) Rehabilitation (ADOPTED) Maintaining the existing character of the district, and whenever possible returning it to its original condition. Any rehabilitation would not require the removal of all non -original materials but would encourage the removal of all such materials which are incompatible with the defined elements of preservation for the district. The design of new construction or alteration would not require the duplication of the original design and construction, but should be compatible with 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. III. NEW CONSTRUCTION New construction includes any new building or structure built within the boundaries of the historic district, or any new addition to an existing building. New construction should be designed considering the appearance, scale, styles and setbacks of the other buildings in the neighborhood. New work may be contemporary or may suggest motifs from historic buildings in the district. A. HEIGHT AND PROPORTION The majority of the structures in the district are two stories in height and have square or rectangular plans. There are several houses that have L- or T- shaped or rambling ground plans. There are a few single -story cottages and one- and one -and -a -half story bungalows. The most prevalent fagade proportions are between a 1:1 and 1:2 height to width ratio. Required The height of a new structure and its height to width proportions shall be consistent with adjacent buildings in the district. The building height shall be no greater than that of the tallest existing structure and no less than that of the lowest existing structure in the same block. Fagade proportion shall be established by permitting no structure with a fagade wider or narrower than those existing in the same block. Additions to the existing buildings shall be related in height and proportion to the existing structure. Recommended Design of new construction should be compatible in character and mood to the building or neighborhood. Prohibited Additions that would add new height or change the existing facade of a building, and change its scale and architectural character shall not be considered. Not Recommended New stories should not be added nor existing stories be removed which would destroy important architectural details, features and spaces of the building. Any style or period of architecture that is incompatible with the existing should not be permitted in the new additions. B. BUILDING MATERIALS Wall materials in the district range from brick, stucco and wood clapboard and shingles, to aluminum, vinyl and fiberboard / composite siding. Required Exterior materials used on a new structure shall be compatible in scale, texture and color (as pertains to masonry) with adjacent structures. Materials used on an addition to an existing structure shall related to the existing or original materials of that structure. Also, as much of the original structure as possible shall be retained so that the addition could be removed without damage to the basic structure and appearance of the building. Recommended Alternative or composite siding may be used when it is the only feasible alternative. This siding should be compatible with the original size and style and with the materials of other buildings in the district. Prohibited Inappropriate materials such as asbestos, asphalt, cast stone or artificial brick shall not be used. Not Recommended Glass blocks should not be used. Concrete block should not be used for anything other than the foundations. IV. SAFETY AND BUILDING CODES A. BUILDING CODE REQUIREMENTS Required Building code requirements shall be complied with in such a manner that the existing character of the building is preserved. Recommended Local building code officials should be consulted to investigate alternative life safety measures that will preserve the architectural integrity of the structure. Variances for historic properties should be investigated. Prohibited Construction of new stairways and elevators that would alter important architectural features and spaces is prohibited. Not Recommended Fire prevention equipment should not damage the appearance or fabric of the building. STAFF RECOMMENDATION: Staff recommends approval of the project, as it is in keeping with the Standards & Guidelines of the Chapin Park Local and National Historic District. Written by Adam Toering Deputy Director Approved by Elicia Feasel Executive Director Commissioner Gelfman made a motion to amend the application with the following: that the applicant would like to use the original door, and that the 313 window unit be remanded to staffs authority, that the permeable pavers be remanded to staffs stylistic approval, and for the retrofit of four to five basement windows not in view from the street side (to be of glass block) be remanded for staff approval. Seconded by Commissioner Hertel. Five in favor, none opposed. Vote: 5 — 0 Application is amended unanimously. Commissioner Hertel made a motion to approve COA#2017-1205 as amended. Seconded by Commissioner Gelfman. Five in favor, none opposed. Vote: 5 — 0 COA#2017-1205 is approved unanimously. 0 HI. HEARING OF VISITORS — None. IV. REGULAR BUSINESS A. APPROVAL OF MINUTES 1. November 20, 2017 Approved by general consent. B. TREASURER'S REPORT 1. Out of line transfers were completed. 2. County Reporter appropriations completed for 65 county Landmark properties. C. STAFF REPORTS 1. Correspondence — Distributed 2. Executive Director — Distributed 3. Deputy Director — Distributed 4. Preservation Specialist - Distributed 5. Legal — 1 City Legal (Ben Dougherty) will be the new HPC legal counsel as of January. 2 Interlocal Agreement being signed. 3 Ordinance changes have been initiated. 4 Boyd Appeal explanation from Common Council has not been received. Legal will follow up with the Clerk's Office. D. COMMITTEE REPORTS 1. President — Nothing to report. 2. Nominating - Met on December 14' in the HPC office. No changes in officers. V. OLD BUSINESS VI. NEW BUSINESS A. No nominations from the floor. B. Motion: Commissioner Gordon made a motion to approve the slate of officers as submitted by the nominating committee for 2018 calendar year. Seconded by Commissioner Hertel. Five in favor, none opposed. Vote: 5 — 0. Motion passes. The election of officers is concluded and the 2017 slate is continued for 2018. VII. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS A. Commission President Kluszcinski hopes that everyone enjoys their holiday season to its fullest in whatever ways and traditions you enjoy. The latest Chapin Park ornament says, "Nollaig shona dhaoihh! " B. Commissioner Hertel inquired as to when the HPC offices will be moved to the County City building. Executive Director explained that the HPC staff would be in the same office until February, at the earliest. VIII. ADJOURNMENT Commissioner Gelfman made a motion to adjourn. Seconded by Commissioner Hertel. All in favor, none opposed. Vote 5 — 0. Meeting adjourned at 9:10 pm. Attest: M U-� / - '�;(- / ly Mi bele Gelf n, Sec tary Date �J 9 C] 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 Routine Maintenance Exclusions – December 4 – December 29, 2017 Address RME# Applicant Proposed Work Description 1240 W Thomas 2017-1205A Eric Boyd Add wood trim (to simulate double hung windows) to boarded windows on east and west sides of building. Add shutters to boarded windows on south side of building. 617 Park 2017-1205B Tim Klusczinski 1. Replace incompatible brick moulding casing at kitchen window (double hung window) with four inch (nominal) wood with crown/cap. 2. Relocate fence post and gate for backyard access. 817 Leland 2017-1220 Richard Lent Re -issue of previous Routine Maintenance Exclusion. In-kind replacement of replace broken glass (8) window panes; scrape and paint exterior window frames; replace front porch wood decking with new, in-kind (would need to apply for material changes); install aluminum facia and soffit on overhang; replace porch ceiling with new in-kind material or restore existing (would need to apply for aluminum); replace missing vinyl siding with matching tan siding. •c • C n O O O O O O O O m M M LC) O N O y O 0 W N M (O n O O D ` 0 O O O O O O O O O N N O O 0 N N O O CO CO M m O O O O c m o o n o CDd m Ip o m n M m I-- N ay L° ro C6 c p 7 A A m d = 0 n O O O O O O o o 0 M M 0O O O v N Cp w N M O n O O r O O OO O (P n n M O O M O O C 0OQ 00 O O o fV O O O N N V m N m M Lo O O O O d �-- 1 0 ° r O r CO n M n L N O N O O r U p Cr N A C m L° 0 0 0 0 L° n O rn to v n v o °? 0 0 0 o rn L° o rn L° o OR (q 0 }et O O O O e{ N m N V L° m N 0 m V O O .1d, N L() M m co c0 C n C N co N n O CO CL K N V CD N OM) N w d o 0 Cl 0 o O Cl o o O O o 0 0 U O O O O O O o O O O O O O O c La o 0 0 0 0 0 o co o co 0 0 0 0 E 0 c c w 0 0 0 0 0 0 o O O0 O O O 0) O 0 O O O O O 0 O o o O O N O O O O LO L° t° LO LO M CO 00 O o O Cl) N n N N n O 0D a N n L° C O co N N 00 N CO O) O L° 00 'V- n Cl) OL N V N O N CL CL Q Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 jp o0 O O O O O N N ° O co M N a CL a C O 0 O O O 0 O O O O 0 O O O 0 O O O O 0 O O O o 0 O O O o Q Lp O O O O 0 0 O O O 0 0 0 O O L CL 0 a CL m c o 0 0 0 0 o O o O o 0 0 0 0 c G o 0 0 0 o O O O O O o O O O mv o 0 o Lo o o In LO o o LO o •` O OO 117 o co O o N N m LO O) O O CL n O d' O O Cl) O N L ccO) C LC) 00 p [t W O L M [t N O CL a ¢ a c 0 O O O o 0 0 o O o O m O O p 0 O o o O O O o O o O N O O 'R O O 0 O O O O O o O 00 Cl) O O O «1 LL 0 O Z a � a U Q W +, G - N V U o O Z CA N m J c C7 O C7 (D a U' 0 U m m m rn� A m L C C C C ° C O U° a C9 aL 0 ¢ 0 O O 00 O'IT CD CD M 0 M p M C) 0 CD m EL r a CL CL a N O 00 N o 0 0 A a 1. 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ID N O C N V n O O l0 c In O O LO m N N a O) M M m M W W a c r c r v m m m m m U U U U CL x m c o 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 ED c o C m x M M W O O r O a � O 0 O 0 CL r CL Q y O m O O o O O Lo ao� 0 0 0 0 0 Ln U ^ � O O O O n W M M M M N N m O O O O m d O O O O E > W c c c c U Fes- U 10- U Fes- U F�- N E O z m m > 5 c � p c� m CL 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. 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. • 2 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. 91 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. 3. Commissioners and Staff should not accept gifts or favors under any is 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. • !! • 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 Z 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. 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. • 2 Section 5. President Voting. The President may vote on all matters, resolution or a 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: (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 J 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 40 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 are 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 C: �t t 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 1; 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 11 E • :7 • 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 2018 Historic Preservation Commission MEETING AND CERTIFICATE OF APPROPRIATENESS DEADLINES MEETING DATE COA DEADLINE DATE January 22 January 2 February 19 February 5 March 19 March 5 April 16 April 2 May 21 May 7 June 18 June 4 July 16 July 2 August 20 August 6 September 17 Se tember 4 (City closed Labor Day, Sept 3 October 15 October 1 November 19 November 5 December 17 December 3