05-27-97 Council Meeting Minutes

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REGULAR MEETING MAY 27, 1997 work. She indicated she appeared before the board in December, and was told this would be referred to the standards committee, and then subsequently notified that the certificate of appropriateness would not be issued. She reported that several months later she was notified there would be a lawsuit filed if the front fence was not removed. She indicated she had a number of concerns regarding the HPC and the process: new residents are not given adequate information regarding policies and guidelines; the guidelines are very inconsistently applied in this district; information regarding the liaison committee i.e., how they are chosen and their length of terms, is nearly unobtainable; the guidelines are to be reviewed every 5 years, but no such review has taken place; the HPC has no one from this district on its board. Katherine Hostettler, vice president of the Historic Preservation Commission, indicated the commission was bipartisan. She gave the names and occupations of the members. She reported that the property owners in the historic districts write their own standards, and at no time does HPC mandate the standards. Aladeen DeRose, attorney, reported that the East Wayne Street Historic District was created by ordinance in September 1987, and as part of the process the property owners adopted Preservation Guidelines and Standards. She indicated the Standard relevant to this case is front yard areas shall not be fenced and fences shall not extend forward beyond the setback line of the house. She indicated that Dr. Lackman's appeal was untimely, since it the applicant may appeal denial of a Certificate of Appropriateness to the Common Council, and it must be made in writing within thirty (30) days of the date of the denial. She indicated that even if the Common Council was disinclined to follow these rules, this appeal is unreasonably delayed, Dr. Lackman does not precedent legally sufficient HPC's denial of the HPC's decision, since the standards forbid front yard fences. She advised that the HPC urges the Council to focus on whether the appeal is timely, and if so, whether the HPC's decision was a rational one based on the standards of the District. She indicated that the time issue should dispose of this case entirely. David Duvall, director of Historic Preservation, indicated they had one part -time employee, therefore, there was no way they could police the historic districts for violations. He reported that enforcement of the guidelines is dependant on the Building Commission's office. The Council had lengthy discussion and questions directed to the petitioner, as well as the Historic Preservation. Council Member Broden made a motion that the appeal of the Historic Preservation Commission's Decision be denied, seconded by Council Member Sniadecki. The motion carried on a roll call vote of six ayes and three nays (Council Members Varner, Coleman, and Kelly). Council Member Coleman made a motion to set Bill Nos. 91 -96, 31- 97, 32 -97, for public hearing and third reading on June 9, and refer this to the Zoning and Vacation Committee, seconded by Council Member Varner. The motion carried. Council Member Broden made a motion to set Bill No. 28 -97 for public hearing and third reading on June 23, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke loss of revenue for the College Football Hall of Fame. There being no further business to come before the Council