HomeMy WebLinkAbout2. 768 Portage Avenue_COA 2021-0810STAFF REPORT
CONCERNING APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS
Date: September 14, 2021
Application Number: 2021-0810
Property Location: 768 Portage Avenue
Architectural Style/Date/Architect or Builder: Bungalow/Craftsman /
1915
Property Owner: Westminster Holdings, LLC
Landmark or District Designation: Chapin Park Local Historic District,
Ordinance #9574-05
Rating: Contributing
DESCRIPTION OF STRUCTURE/ SITE : Irregular plan two-story on concrete block foundation. Siding is
clapboard on the first story with wood shingle on the second. Asphalt shingles cover the nearly flat cross
gabled roof. The front porch is full width supported by four wood piers with a solid railing. Windows are
wood double hung with simple lintels and aluminum storm windows. The front door has the same simple
lintel.
ALTERATIONS: N/A
APPLICATION ITEMS: “Replace broken windows, northwest façade. Replace single pane windows w/lead-
based paint with Pella vinyl double-pane energy-efficient windows. Work completed in July 2021 for health, safety
and security of existing tenants. Replace three windows in dining room.”
DESCRIPTION OF PROPOSED PROJECT: The applicant has requested retroactive approval to:
Replace three double-hung wood windows with Pella Vinyl double-hung windows.
Staff were informed that windows had been replaced on the property on July 13th, 2021. Inspector Van Overberghe
documented the removed/replaced windows. Administrator Toering sent the property owner correspondence
regarding the Local Historic District, COA process, and steps needed to bring the project into compliance.
STANDARDS AND GUIDELINES: CHAPIN PARK
[…]
III.EXISTING STRUCTURES
C. WINDOWS AND DOORS
Window and door frames are in most cases wood and vary depending upon the style of the home. Many are double-hung windows with
wood trim and sills. Brick structures have stone sills and brick lintels. In some cases where aluminum siding has been applied, the window
and door trim has been covered. About half of the structures in the district have aluminum storm windows; the other half have wood storm
windows.
Required
Original windows and doors shall be retained including sashes, lintels, sills, shutters, decorative glass, pediments, hoods and hardware.
When deteriorated beyond repair, they shall be replaced with units and trim resembling the original.
Recommended
Wood storm windows and doors painted or finished to match the original should be used but should not damage existing frames. If new
sashes or doors are installed, the existing or original materials, design and hardware should be used. When metal storm doors are used, they
should be painted, anodized or coated to match the existing. When awnings are used, they should be of canvas material.
[…]
IV.SAFETY AND BUILDING CODES
A.BUILDING CODE REQUIREMENTS
Required
Building code requirements shall be compiled 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 measured 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.
[…]
VI. ENFORCEMENT PROCEDURES
Enforcement of the preservation guidelines and standards for the historic district is made possible in the Zoning Ordinance of the City of
South Bend, ordinance No. 5565-73, as amended and the Historic Preservation Commission’s Preservation Plan.
The Historic Preservation Commission may petition the Building Commissioner to use the legal means available to him/her to force the
maintenance and / or repair of any building or structure within the historic district in accordance with the intent of this ordinance.
This ordinance, however, does not prevent the ordinary maintenance and repair of any building or structure which does not involve a change
in any exterior feature, nor does it prevent the reconstruction, alteration, demolition or moving of any building or structure which the
Building Commissioner or other official has determined to be a hazard to public safety.
Property owners wishing to do, or have done, any work affecting the exterior of their building or land must apply directly to the History
Preservation Commission on the form prescribed by the Commission (see Appendix A). The Historic Preservation Commission shall issue a
Certificate of Appropriateness before commencement of any construction, reconstruction, alteration, demolition, or moving of any house or
structure within the historic district boundaries (see Appendix A). The Historic Preservation Commission will accept applications for
Certificate of Appropriateness only from the property owner.
In making its determination, the Historic Preservation Commission shall consider three factors: first, the appropriateness of the proposed
work to the preservation of the building and district; second, the detriment to the public welfare if the proposed work is permitted even
though it is not deemed appropriate; third, the potential hardship that the denial of the Certificate of Appropriateness would cause the
applicant.
Where the Preservation Commission deems it necessary, the commission may petition the Common Council for a temporary delay in the
issuance of the required permit(s) for proposed construction, reconstruction, alteration, demolition or moving for the purpose of preparing an
historic preservation plan for a building or district. Such a request shall be for a specified period of time. In no case may the delay granted
by the Common Council exceed one (1) year, but the Commission may petition the Common Council for a continuance of any such delay in
accordance with the same procedure as for the initial petition.
The Commission will review the application and either issue a Certificate of Appropriateness or else deny the application, stating in writing
the reasons for such denial. Upon such denial the applicant may appeal to the Common Council.
SITE VISIT REPORT:
The condition of the removed windows appears consistent with examples that have been restored throughout the
Chapin Park Local Historic District. Were this a proactive application, Staff would have directed the applicant to
consult a window restoration company.
The removed sashes were retrieved and retained by staff.
STAFF RECOMMENDATION: Staff recommends denial.
Prepared by
Adam Toering, Historic Preservation Administrator
HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov
MAP OF THE AREA - Google Maps view of the subject area.
SATELLITE/SANBORN IMAGERY - Sandborn Maps: 1917, 1945, 1960, imagery from 2016 of property.
5
HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov
FRONT PICTURE (South West) - Picture of the front of the building, July 2021.
SUBJECT AREA PICTURE (WEST) - Picture of the replaced windows, July 2021.
5
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Adam Toering
From:Kristina Flathers <
Sent:Wednesday, July 28, 2021 4:54 PM
To:Adam Toering
Cc:Alex Ferraro; Jeffrey Flathers; Ma
Subject:Re: 768 Portage Windows
Attachments:768 Portage Window.jpg
Follow Up Flag:Follow up
Flag Status:Flagged
Dear Adam,
I hope you're doing well and enjoying the beautiful South Bend summer. I'm Kristina Flathers, one of the members of
Westminster Holdings LLC, and I'm writing in response to a letter we received from the Historical Preservation
Commission ("HPC") regarding windows at 768 Portage in South Bend.
The letter stated that the "[HPC] strongly advocates for the retention and restoration of original wood windows," and
that "window replacement projects require review by the [HPC] at one of their monthly meetings for approval." While
we appreciate your efforts in preserving the charms and historicity of the neighborhood, our first priority as responsible
and conscientious property owners is the health, safety, and wellbeing of our tenants. To this end, we hope you'll
reconsider placing on us the undue burden of applying and then waiting for monthly meetings to remediate the
following health and safety issues arising from the original windows:
1) The windows were broken. We understand how this could have been glossed over by the person reporting to you, as
the photos included with your letter only showed the original windows in the dumpster, and not that the windows were
broken. For more color on this situation, please see the attached photo of one of the replaced windows (located on the
"northwest facade," as your letter mentioned). We took this photo before we purchased 768 Portage a few months
ago, and it is representative of the windows at the house more broadly. As you can see, the window was broken and
frosted, which added to the intense cold our tenants lived through this winter.
On this point, we've received a letter from the city regarding another rental property a few blocks away that outlined
the proper remediation of broken windows ‐ either board them up, repair, or replace them. We chose replacing in this
case, despite the far greater cost to us, given how much worse the other remediations would have been for our tenants
and the neighborhood. This fact alone should be enough to warrant the windows being replaced without interference,
but there's much more.
2) The windows contained lead‐based paint. The house was built in 1915, so this should not surprise anybody.
Moreover, again from the attached photo, you can see the deteriorating and flaking lead‐based paint coming off the
window. Our tenants have a young daughter, and it was gravely concerning to us that chipping paint was around in the
hallways where she'd run and play. We could not, in good conscience, leave the window where it was any longer than
necessary.
3) The windows wasted untold amounts of energy. We are greatly concerned about the environmental impact of
ceaselessly running heating and cooling during the winter and summer months, as well as the financial burden of doing
so in the form of utility bills to our tenants, who are much less capable of shouldering the burden than you or I. We are
proud to have been able to provide our tenants with energy‐efficient dual‐pane windows and a better and more stable,
appealing, and affordable living experience.
2
It is our duty and moral obligation to remediate health and safety concerns involving our tenants, and we simply don't
understand why we would need to wait to receive permission from the city to do so, especially when we could act
immediately. To this end, we kindly ask that you waive the $20 application fee mentioned in your prior letter. We
believe the city's interests and ours should be aligned toward the goal of improving the lives of our tenants, and to this
end we've worked together in the past with many reasonable people in city government.
As a current resident, long‐time investor, former intern at the Department of Community Investment under Scott Ford,
and proud member of the South Bend community, I want to see this city succeed. Placing undue burdens on our ability
to elevate the living conditions of our tenants would be a clear and significant step backwards.
Again, we wish you well and hope to reach a fruitful resolution.
Best wishes,
Kristina
‐‐
Kristina Flathers
kflathers15@gmail.com
831‐676‐6598
MICHELE GELFMAN
PRESIDENT
A CERTIFIED LOCAL GOVERNMENT
OF THE NATIONAL PARK SERVICE
ADAM TOERING
HISTORIC PRESERVATION ADMINISTRATOR
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
1400S County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p 574.235.9371 | f 574.235.9201 | southbendin.gov
July 13, 2021
WESTMINSTER HOLDINGS, LLC
25943 Deer Run Lane
Salinas, CA
93908
RE: 768 Portage Avenue, South Bend, IN 46616
To whom it may concern,
The South Bend Common Council passed ordinance #9574-05 in March of 2005 designating the Chapin
Park neighborhood a “Local Historic District” (as described under ordinance #5563-73, as amended) 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 which requires a building permit or which
alters the appearance of the 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 “Chapin Park Standards & Guidelines”. A printed version of the
Standards and Guidelines is included with this letter.
The Standards and Guidelines for South Bend’s individually designated local landmarks and local historic
districts are available online in .PDF format at the Historic Preservation Commission website:
www.southbendin.gov/hpc
Periodically Historic Preservation Staff make ‘windshield’ surveys of individually designated Local
Landmarks and Local Historic Districts to determine if there have been any changes executed without a
Certificate of Appropriateness. Staff was made aware of modifications to the property on July 13 regarding
the replacement of two original wood windows on the northwest façade of the 768 Portage Avenue property.
Photographs of the documented changes are included with this correspondence.
The Historic Preservation Commission strongly advocates for the retention and restoration of original wood
windows. Window replacement projects require review by the Historic Preservation Commission at one of
their monthly meetings for approval. With the desired outcome of getting your project approved by the
Historic Preservation Commission, a blank Certificate of Appropriateness application is included along with
this letter. Please supply a detailed description of the project, materials, and a site plan. Applications may
be mailed, delivered, or submitted electronically to the address on the application.
Page | 2
A $20.00 application fee is required; this may be submitted along with the application or processed over the
phone by contacting Business Licensing Administrator Michelle Adams at (574) 235-5912.
The Historic Preservation Commission remains committed to preserving the built environment of the City of
South Bend and unincorporated St. Joseph County. Our office retains records related to your property
including architectural survey information, 1932 Assessor Cards, and property photos. You are entitled to
these records through the Access to Public Records Act (APRA). Attached to this letter is an APRA
application for your convenience.
Please contact this office for assistance, questions, or concerns.
Sincerely,
Adam Toering
Historic Preservation Administrator
P: 574-235-7478
E: atoering@southbendin.gov