Minutes_Historic Preservation Commission 4 19 12THE CRY OF
DUB
Masterpiece on the Mississippi
Dubuque
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2007
MINUTES
HISTORIC PRESERVATION COMMISSION
REGULAR SESSION
5:30 p.m.
Thursday, April 19, 2012
City Council Chamber, Historic Federal Building
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Commissioners Present: Chairperson David Klavitter; Commissioners Chris Olson,
Chris Wand, Joseph Rapp, Bob McDonell and John Whalen.
Commissioners Excused: Commissioners Mary Loney Bichell and Mitzi Krey.
Staff Members Present: Laura Carstens and David Johnson.
CALL TO ORDER: The meeting was called to order by Chairperson Klavitter at 5:32
p.m
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: Motion by Wand, seconded by Olson to approve the minutes of the March
15, 2012 meeting as amended. Motion carried by the following vote: Aye — Olson,
Klavitter, Whalen, Rapp, Wand and McDonell; Nay — None.
DEMOLITION PERMIT ON CONSERVATION DISTRICT: Application of Ted Stackis /
Mike Mihalakis for a Demolition Permit for property located at 1760 Jackson Street in
the Washington Neighborhood Conservation District.
Staff Member Johnson reviewed the staff report, noting the age of the building and
differing evaluations as to its significance. He noted work had begun prior to issuance
of the demolition permit. He noted Kriviskey's 1979 survey evaluated the building as
non - supportive and Jacobsen's 2003 survey evaluated the building as contributing. He
explained both the 1979 and 2003 surveys are considered standards for review, but the
2003 survey which identified the property as being historically significant to the district is
the most recent evaluation accepted by the State Historic Preservation Office. He
explained the applicant has provided the Economic Guidelines and Review Criteria for
establishing whether a reasonable economic return can be earned from the property if
the Commission finds the building is historically or architecturally significant to the
community. He explained the demolition permit process and noted the applicant failed
to receive all necessary signatures before starting work.
The Commission and Staff clarified that the Commission's task is to review the
demolition permit request as if the demolition had not started. Staff Member Johnson
noted the materials submitted to the Commission document the condition and value of
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April 19, 2012
Page 2
the building before demolition began. Staff summarized the building's roof was removed
and demolition began on the porch and some exterior walls.
Mike Mihalakis, 1750 Jackson Street, property owner, was present. He explained his
son had planned to remodel the house to live in, and had gutted much of the interior.
He explained the house suffered water damage and has mold due to pipes that broke
after a hard winter in 2007 -2008. He estimated the building has been vacant for six or
seven years, and has been used solely for storage.
Commissioners discussed the differing survey determinations by Kriviskey and
Jacobsen, and noted the number of homes of this style in this block and neighborhood
that are in better condition and with fewer alterations. The Commission stressed the
importance of each house to the block and neighborhood. The Commission explained
when a house is removed from the block, it changes the rhythm and character of the
block and neighborhood. The consensus of the Commission was the building is not
individually significant, but is architecturally and historically significant to the block and
neighborhood; the building's removal would create a "missing tooth" effect. The
Commission noted the Washington Neighborhood Master Plan promotes
homeownership and preservation of the historic housing stock.
Commissioners discussed the economic viability of the structure, the vision for the
Washington Neighborhood, and the relatively intact streetscapes of the neighborhood.
Commissioners debated the significance of the structure and the possibility of a
reasonable economic return given the building lacked HVAC, plumbing, and electrical
systems and interior finishes. The Commission discussed the numerous incentives
available for rehabilitation projects in the neighborhood.
Commissioners and staff discussed the adjacent vacant lot next to the Washington
Street row houses. Staff noted the Commission unanimously approved the demolition
of the structure on this lot, and the intent was to provide parking for the new row
houses. Commissioners noted the requested demolition would create a "straight shot"
of two vacant lots in these blocks. Staff Member Johnson clarified the demolition permit
was approved for the row house parking because the building was determined to be not
historically or architecturally significant.
Commissioners discussed whether or not they felt the building at 1760 Jackson Street
was significant. Commissioners discussed its importance to the fabric of the
neighborhood, the vision for the area, and the rehab and new porches added in the
neighborhood.
Ted Stackis, 206 Saunders, was present. He explained he is the contractor and
checked whether the building was in the Conservation District and Washington
Neighborhood Revitalization Area with the Building Services Department. He stated he
was told it was not in either. He explained the Mihalakis family lives next door and
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April 19, 2012
Page 3
looked into the Lead Grant, but the application was not approved. He explained he
disconnected all the utilities: electric, sewer, water, and gas. He noted the Water
Department would not sign -off on the permit until the waterline was disconnected. He
noted the permit process should be changed. He explained the building has a dirt floor
and had mold in it. He reviewed the property value according to realtor Dave Sandman.
He noted the home had no value in its previous condition. He stated the only value to
the property is the value of the land. He explained it was beyond repair economically
when he began demolition approximately six months ago.
Chairperson Klavitter noted Mr. Stackis' issue with the permit process will be addressed
by staff, and thanked Mr. Stackis for his thoughtful comments.
Motion by Klavitter, seconded by Wand, to approve the demolition permit as proposed
due to the building not being architecturally or historically significant. Motion failed by
the following vote: Aye — Wand, Rapp; Nay — Klavitter, Olson, McDonell.
NOTE: Commission Whalen arrived at 6:10 p.m.
Staff Member Johnson noted since the Commission determined the building is
architecturally and historically significant to the community, the Commission should
review the Economic Guidelines and Review Criteria for establishing whether a
reasonable economic return can be earned from the property. He explained if the
Commission finds a reasonable economic return can be earned, the Commission
should deny the demolition permit. If a reasonable economic return cannot be earned,
the Commission should approve the permit.
The Commission reviewed the Economic Guidelines and Review Criteria.
Commissioners confirmed with Mr. Stackis that his bid was to make the structure
habitable but not to restore it. Mr. Stackis explained his bid to rehabilitate the property
was only to make it so it could be lived in again.
Commissioner Wand reviewed prior to demolition, the building was missing all interior
mechanicals, plumbing, electrical and drywall. He noted the building had mold and was
vacant for six years without notice from anybody. Commissioner Wand reviewed the
estimated cost to repair the building and the value of the building in its current state or if
it were repaired, noting he believes a reasonable economic return could not be earned
from the property before demolition began.
Commissioners discussed the value of the property. The Commission noted realtor
Dave Sandman submitted the market analysis for the property. The Commission
discussed whether a realtor meets the review criteria. The Commission agreed a realtor
or appraiser may submit an opinion of the market and appraised value. Commissioners
noted the property is valued at $5,000 and the estimated cost to demolish the property
is $6,000. The Commission noted selling the property was not considered as an
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April 19, 2012
Page 4
alternative to demolishing it. Some Commissioners believed a reasonable economic
return could be achieved from selling the property for $5,000 rather than finish
demolishing the property at a $6,000 expense.
Mr. Mihalakis, in response to a question about grants, noted that he had applied for a
Lead Grant but could not afford it. He noted no other financing or incentives were
pursued. He reiterated the property has been vacant and no income is earned from the
property. He stated his maintenance expenses for the property has been property
taxes, snow removal and lawn maintenance. He explained having a yard for his family
was preferable to any profits from selling the property or being a landlord.
Motion by Wand, seconded by McDonell, to approve the demolition permit because a
reasonable economic return cannot be earned from the property. Motion failed by the
following vote: Aye — Wand, Rapp, and Whalen; Nay — Klavitter, Olson and McDonell.
Staff noted the next step for the applicant is to appeal to City Council.
Mr. Stackis restated his arguments. Chairperson Klavitter thanked Mr. Mihalakis and
Mr. Stackis.
EDUCATION TASK FORCE:
Update on Public Outreach and Education Program: No meeting in April.
Minutes from Previous Meeting(s): Chairperson Klavitter referenced the Telegraph
Herald articles and editorial on the Library signs and his editorial in the Telegraph
Herald for Architecture Days. Commissioner Wand agreed the Historic Federal Building
sign did not follow the procedure but it did comply with design guidelines as to materials
and style, while the Library signs did not follow design guidelines.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION:
Ken Kringle Historic Preservation Awards: Commissioners noted the great attendance
at the Ken Kringle Historic Preservation Awards celebrated in conjunction with the
Dubuque County Historical Society awards at the Architecture Days event in the
Historic Millwork District.
Commissioners discussed the Facebook page of the Human Rights Department, and
discussed the possibility for the Historic Preservation Commission and Planning
Services Department to have a Facebook page for events and other information without
duplicating the City web pages. Consensus was for Planning Services staff to contact
Human Rights staff about City policy and time commitment for their Facebook page,
and then report back to the HPC Education Task Force.
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April 19, 2012
Page 5
Demolition Permit Process: Commissioners asked staff to work through the process
and procedural issues raised by Mr. Stackis for the demolition permit process, and
requested a copy of the permit checklist and application materials. Staff recommended
that the Historic Preservation Commission and Planning Services Department review
and signature be added as the first step on the checklist and process.
Chimneys: Commissioner Whalen reported his neighbors at 510 W. 11th Street have
four chimneys, three of which are visible from the street. He noted they are in poor
condition and an estimate exceeding $20,000 was received for repairs. He noted the
property owners have already made a significant investment in repairing the building.
He said the neighbors asked if they could remove the fourth chimney that is not visible.
He explained that would greatly reduce their costs. He noted all four chimneys are non-
functional but character defining features. Staff noted if a chimney or any other building
feature is not visible from the public right -of -way, it can be removed without approval by
the Commission. The consensus was for the property owners to contact the Planning
Services staff about the chimneys, as well as other repair work on the Yankee gutters.
Architecture Days: Commissioners discussed the Architecture Days activities and
upcoming events.
ITEMS FROM STAFF:
Historic Preservation Property Research Workshop: Staff Member Johnson referenced
a brochure distributed to the Commission. He explained the HPC Education Task Force
had suggested that the Commission sponsor a public workshop on historic property
research to be held in recognition of Historic Preservation Month, which is the month of
May. He explained the format of the workshop and noted it will be held on May 2nd at
the Library. Commissioners and staff discussed publicity for the workshop.
2011 NPS Annual Report: Staff Member Johnson noted this is an annual informational
item for the Commission. The Commission received and filed the report.
Building Services Historic Preservation Enforcement Report Update: Staff Member
Johnson said there was no report available. Commissioner Rapp noted he had some
items to add. Commissioners directed Commissioner Rapp to contact Jeff Zasada at
Building Services Department or through WebQA on the City Website. Commissioners
and staff discussed the Building Services Department's ongoing response to contacts
about possible violations, and their enforcement process in response to this feedback.
ADJOURNMENT: The meeting adjourned at 6:55 p.m.
Respectfully submitted,
Laura Carstens, Planning Services Manager Adopted