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Demolition Permit Appeal_1760 Jackson StreetMasterpiece on the Mississippi Dubuque bierd All- America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 1760 Jackson Street — Appeal of Historic Preservation Commission Denial of Demolition Permit DATE: May 25, 2012 An appeal has been filed with the City Council by Ted Stackis for the Historic Preservation Commission's denial of a demolition permit for the property at 1760 Jackson Street. I would like to provide the broader context for this appeal, and offer my recommendation. The property at 1760 Jackson Street is in the expanded Washington Street Neighborhood Conservation District approved by the City Council on February 22, 2011. Expansion of this Conservation District is an implementation step of the Washington Neighborhood Strategic Plan. Expansion of the Conservation District also responds to the Safe Community Task Force recommendations for encouraging more homeownership and mixed -use opportunities, while at the same time preserving the character and sense of place of the neighborhood. By City Code, the Historic Preservation Commission must review and approve an application for a demolition permit in a Conservation District before the Building Services Department can issue the permit. The Commission uses two tests in evaluating each application for demolition. The Commission must make a determination as to: 1) whether the building proposed for demolition has historic or architectural significance to the community; and 2) whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. If the Commission finds the building does not have historic or architectural significance, or that denial would prevent a reasonable economic return, they must recommend approval. If the Commission finds the building has historic or architectural significance, or that denial would not prevent a reasonable economic return, they must deny the application. Since February 2011, the Commission has reviewed two applications for demolition in the Washington Street Neighborhood Conservation District. For the first application, the Commission determined the structure had no historic or architectural significance and approved the permit. For the second application, that of Ted Stackis, the Commission determined by a split vote of 3 to 2 that the building was significant. This vote in turn required the Commission to review the Economic Guidelines and Review Criteria for establishing whether a reasonable economic return can be earned from the property. The Commission failed to reach a consensus by a split vote of 3 to 3, which constituted denial of the demolition permit. The Economic Guidelines and Review Criteria for establishing a reasonable economic return are listed in the attached staff report to the Commission. Supporting documentation includes a value of $60,000 for the building if rehabilitated, and a $64,900 rehab expense. I believe that Ted Stackis has shown there is no reasonable return, and should be granted the demolition permit. On a related matter, Mr. Stackis began demolition of the structure at 1760 Jackson Street prior to issuance of a demolition permit or review by the Historic Preservation Commission. Mr. Stackis is a local contractor with significant demolition experience who has successfully applied for and received demolition permits. He acknowledged fault for proceeding with the demolition without the required permit or review. The City will be issuing two civil citations and requesting a court order as described in the attached memo from Assistant City Attorney Crenna Brumwell requiring him to meet permit requirements in the future. Mr. Stackis also raised concerns with the process for obtaining a demolition permit. City staff has addressed those concerns as described in the attached memo from Planning Services Manager Laura Carstens. I respectfully request Mayor and City Council approval of the issuance of the demolition permit. Michael C. Van Milligen MCVM:jh Attachments cc: Dave Klavitter, Chairperson, Historic Preservation Commission Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager David Harris, Housing and Community Development Department Director Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ, ASSISTANT CITY ATTORNEY L,MOI(AN To: Michael C. Van Milligen, City Manager DATE: May 25, 2012 RE: 1760 Jackson Street Demolition Enforcement Options D UM I am writing to outline the history relevant to 1760 Jackson Street and the enforcement options available to the City. Background Ted Stackis, a local contractor with significant demolition experience, has partially demolished a historically significant home at 1760 Jackson Street. Mr. Stackis did so prior to obtaining the necessary City permits. Mr. Stackis had initiated the permit process, but failed to follow through with the permitting requirements prior to initiating demolition. Mr. Stackis is familiar with the demolition permit process; between 2007 and 2012 he has successfully applied for and received twenty -six (26) demolition permits from the City of Dubuque Building Services Department. As 1760 Jackson Street is in a Conservation District Mr. Stackis was directed to stop the demolition and proceed through the proper Historic Preservation Commission (HPC) channels to receive approval for the demolition. The City of Dubuque Code of Ordinances requires an application for a demolition permit if a property is located within a Conservation District. The Building Official immediately notifies the Planning Services department of such application and the application is placed on the agenda of the HPC for review and consideration. The HPC has the discretion to approve, deny, or table the application for additional information. Multiple criteria are reviewed by the HPC in evaluating the application for demolition. After he was ordered to stop the demolition Mr. Stackis completed an application for demolition which was denied by the HPC. Following the denial Mr. Stackis contacted OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org me to inquire what the ramifications would be if he continued to demolish the house without a demolition permit. At that time I outlined Mr. Stackis' options moving forward and the possible repercussions. Option moving forward: Appeal the HPC decision to the City Council Possible Repercussions: 1) Daily issuance of municipal infractions with a corrective court order /injunction for failing to obtain the necessary permits. A first offense is subject to a fine of up to $750 plus court costs and a court order /injunction. Repeat offenses are subject to a fine of up to $1,000 plus court costs and a court order /injunction. 2) Upon a repeat violation the City has the authority to continue to issue municipal infractions, but in addition to an infraction the City also has the ability to seek a contempt of court finding. A contempt of court finding subjects the individual who is in contempt to a penalty of up to thirty (30) days in jail for each additional violation of the court order. Enforcement Options at this Time: Mr. Stackis has appealed the HPC decision to the City Council. The City Council will consider the appeal on June 4, 2012. Enforcement options will vary based on the City Council action. If the City Council approves the demolition of 1760 Jackson Street the City still has the option to issue Mr. Stackis municipal infractions for failing to comply with the permit process prior to beginning the initial demolition work. The objective of this action is to impose a civil penalty (2 infractions at $750 /each, plus court costs) and obtain a court order which prohibits Mr. Stackis from performing any work on future projects within the City of Dubuque without following the proper procedures and permit requirements. If the City Council denies Mr. Stackis request to demolish 1760 Jackson Street the City can issue municipal infractions daily until such time as Mr. Stackis is no longer in violation of the code. (i.e. the portion of the house which has been destroyed is returned to its historical condition). As outlined above the first offense is subject to a civil penalty up to $750 while repeat offenses are subject to a civil penalty up to $1,000. All citations have an accompanying court order /injunction. If a court order /injunction is entered which requires Mr. Stackis to either take certain actions or refrain from certain actions and he does not comply the City can seek to have him found in contempt of court and ask for up to thirty (30) days in jail for each violation. Additional possibility: If the City Council denies Mr. Stackis appeal seeking demolition he would have exhausted all of his administrative remedies within the City organization. At that time he could file a Writ of Certiorari in the Dubuque County District Court seeking relief. Please let me know if you have any additional questions or need for information. cc: Rich Russell, Building Services Manager Laura Carstens, City Planner Dave Johnson, Assistant Planner Masterpiece on the Mississippi Dubuque AII•America City 2007 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services ManagerT rir' SUBJECT: Addressing Concerns with the Demolition Permit Application Process DATE: May 25, 2012 This memo provides background information on Ted Stackis' concerns with the demolition permit application process. The following is a summary of the concerns he expressed at the April 19, 2012 Historic Preservation Commission meeting. Mr. Stackis explained a number of utility companies and City Departments are required to review and sign -off on the demolition permit application prior to the Building Services Department's review issuance of the permit. He explained by the time the Building Services Department receives the application the property owner has already invested time and money into disconnecting utilities as well as water and sewer service in order to satisfy utility company and departmental concerns. The Historic Preservation Commission and Planning Services Staff discussed Mr. Stackis' concerns at the April 19, 2012 meeting. Assistant Planner Dave Johnson met with Building Services Manager Rich Russell to improve the application process. It was agreed that the demolition permit application would be amended to make the Historic Preservation Commission the first signature to be obtained. In doing so, the City of Dubuque can be assured that a property owner and /or applicant is immediately made aware of potential preservation concerns and review process before any additional time or money is invested in the application process. Rich Russell has revised the demolition permit application and it now is posted on the City's website. Attached is the revised demolition permit application for reference. Attachment Prepared by Dave Johnson, Assistant Planner cc: Rich Russell, Building Services Manager Crenna Brumwell, Assistant City Attorney Dave Johnson, Assistant Planner F: IUSERSIMrettenb \WP \COUNCILIMEMO \Demolition permit process memo.doc 1 BUILDING DEMOLITION /MOVE PERMIT UTILITY APPROVALS (Approval is Required 48 Business Hours Prior to Demolition /Move) PROJECT ADDRESS: DESCRIPTION OF PROJECT: PROJECT OWNER: OWNER'S NAME: OWNER'S ADDRESS: CONTRACTOR: CONTRACTOR'S ADDRESS: CONTRACTOR'S PHONE: IA CONTR REG #: INSURANCE CARRIER: POLICY # CITY OF DUBUQUE PLANNING SERVICES CONTACT: DAVE JOHNSON (563) 589 -4387 COMMENTS & SIGNATURE: * BLACKHILLS ENERGY CONTACT: TONY ENGLING OR VICKI WOODYARD (563) 583 -0415 COMMENTS & SIGNATURE: * ALLIANT ELECTRIC CONTACT: VAL DRISCOLL (563) 587 -4530 COMMENTS & SIGNATURE: * IOWA ONE LOCATE CONTACT: 800 292 -8989 LOCATE IDENT. # * AT & T * QWEST LOCATE IDENT. # * MEDIA COM CONTACT: ROBERT GASSMAN (563) 584 -0589 ext. 1220 or 800 244 -1111 * DEPARTMENT OF NATURAL RESOURCES — NOT REQUIRED TO NOTIFY, IF SINGLE FAMILY HOME CONTACT: MARION BURNSIDE, 7900 HICKMAN RD., URBANDALE IA 50322, (515) 281 -8443 COMMENTS & SIGNATURE: * DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY CONTACT: CHUCK GODDARD (563) 589 -4250 or TOM DRISCOLL (563) 557 -8220 COMMENTS & SIGNATURE: * CITY OF DUBUQUE WATER DEPT. (WATER SERV) WATER LATERAL MUST BE PROPERLY DISCONNECTED AND INSPECTED PRIOR TO DEMO PERMIT BEING ISSUED: CONTACT: BRANT SCHUELLER or MIKE BREKKE (563) 589 -4303 or 4305 COMMENTS & SIGNATURE: ENGINEERING DEPT. (SEWER) SEWER LATERAL MUST BE PROPERLY DISCONNECTED AND INSPECTED PRIOR TO DEMO PERMIT BEING ISSUED: CONTACT: TOM FREUND or GUS PSIHOYOS (563) 589 -4270 COMMENTS & SIGNATURE: ENGINEERING DEPT. (TRAFFIC — MOVE ONLY) CONTACT: BILL SCHLICKMAN (563) 589 -4270 COMMENTS & SIGNATURE: ALL SIGNATURES AND LOCATE #'S ARE REQUIRED FOR ISSUANCE TO PROCEED ! BUILDING DEMOLITION /MOVE PERMIT UTILITY APPROVALS (Approval is Required 48 Business Hours Prior to Demolition /Move) PROJECT ADDRESS: DESCRIPTION OF PROJECT: PROJECT OWNER: OWNER'S NAME: OWNER'S ADDRESS: CONTRACTOR: CONTRACTOR'S ADDRESS: CONTRACTOR'S PHONE: IA CONTR REG #: INSURANCE CARRIER: POLICY # CITY OF DUBUQUE PLANNING SERVICES CONTACT: DAVE JOHNSON (563) 589 -4387 COMMENTS & SIGNATURE: * BLACKHILLS ENERGY CONTACT: TONY ENGLING OR VICKI WOODYARD (563) 583 -0415 COMMENTS & SIGNATURE: * ALLIANT ELECTRIC CONTACT: VAL DRISCOLL (563) 587 -4530 COMMENTS & SIGNATURE: * IOWA ONE LOCATE CONTACT: 800 292 -8989 LOCATE (DENT. # * AT &T * QWEST LOCATE IDENT. # * MEDIA COM CONTACT: ROBERT GASSMAN (563) 584 -0589 ext. 1220 or 800 244 -1111 * DEPARTMENT OF NATURAL RESOURCES — NOT REQUIRED TO NOTIFY, IF SINGLE FAMILY HOME CONTACT: MARION BURNSIDE, 7900 HICKMAN RD., URBANDALE IA 50322, (515) 281 -8443 COMMENTS & SIGNATURE: * DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY CONTACT: CHUCK GODDARD (563) 589 -4250 or TOM DRISCOLL (563) 557 -8220 COMMENTS & SIGNATURE: * CITY OF DUBUQUE WATER DEPT. (WATER SERV) WATER LATERAL MUST BE PROPERLY DISCONNECTED AND INSPECTED PRIOR TO DEMO PERMIT BEING ISSUED: CONTACT: BRANT SCHUELLER or MIKE BREKKE (563) 589 -4303 or 4305 COMMENTS & SIGNATURE: ENGINEERING DEPT. (SEWER) SEWER LATERAL MUST BE PROPERLY DISCONNECTED AND INSPECTED PRIOR TO DEMO PERMIT BEING ISSUED: CONTACT: TOM FREUND or GUS PSIHOYOS (563) 589 -4270 COMMENTS & SIGNATURE: ENGINEERING DEPT. (TRAFFIC — MOVE ONLY) CONTACT: BILL SCHLICKMAN (563) 589 -4270 COMMENTS & SIGNATURE: ALL SIGNATURES AND LOCATE #'S ARE REQUIRED FOR ISSUANCE TO PROCEED ! Dubuque WWI THE CITY OF DUB E "lip, z„0, Masterpiece on the Mississippi MINUTES HISTORIC PRESERVATION COMMISSION REGULAR SESSION 5:30 p.m. Thursday, May 17, 2012 City Council Chamber, Historic Federal Building 1T Commissioners Present: Chairperson David Klavitter; Commissioners Chris Olson, Mary Loney Bichell, Joseph Rapp, Chris Wand and Bob McDonell. Commissioners Excused: Commissioners John Whalen and Mitzi Krey. Staff Members Present: Laura Carstens and David Johnson. CALL TO ORDER: The meeting was called to order by Chairperson Klavitter at 5:35 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 McDonell, to approve the minutes of the April 19, 2012 meeting as submitted. Motion carried by the following vote: Aye — Klavitter, Olson, Bichell, Rapp, Wand and McDonell; Nay — None. PUBLIC HEARING /NATIONAL REGISTER NOMINATION: Application of Jim Jacobsen, History Pays! for a National Register of Historic Places District Nomination for the Upper Central Avenue Commercial Historic District located at 1460 -1965 Central Avenue. Staff Member Johnson reviewed the staff report. He explained the State Nominations Review Committee will consider the Upper Central Avenue Commercial Historic District for nomination to the National Register of Historic Places at their June 8, 2012 meeting. He explained the City of Dubuque is a Certified Local Government and therefore the Historic Preservation Commission reviews and comments on proposed National Register nominations. He noted the consultant who prepared the nomination has found the proposed district is locally significant under Criteria A and C. He explained Criterion A is a property that is associated with events that have made a significant contribution to the broad patterns of our history, and Criterion C is properties that are architecturally significant. He explained that unlike local historic preservation districts, there are no design review requirements for properties that are listed on the National Register of Historic Places. He explained properties listed on the National Register of Historic Places are eligible for financial incentives in the form of state and federal grants as well as historic tax credits. Minutes — Historic Preservation Commission May 17, 2012 Page 2 The Commission invited the public to comment on the proposed National Register District. Harold Koppes, 3472 Crestwood Drive, addressed the Commission. He explained he is the owner of the properties at 1889 and 1913 Central Avenue. Mr. Koppes requested further clarification on what being listed on the National Register of Historic Places means. He specifically questioned whether there would be any added restrictions or improvements required. He explained many of the units are currently in the Section 8 rental housing program and he has made significant investments in the properties and is subject to regular inspections by the Housing and Community Development Department. Staff and the Commission provided Mr. Koppes with information about the benefits of being listed on the National Register of Historic Places. Staff Member Johnson reviewed the financial incentives available to properties listed on the National Register. He clarified that the properties on the National Register are not held to a higher maintenance standard than any other property located in the City of Dubuque. He stated the National Register does not add any additional restrictions to a property owner, nor does it require improvements to be made to a property. David Rafoth, 11875 Rupp Hollow Road, stated he owns two properties at 1736 Central and 1746 Central Avenue. Mr. Rafoth explained the investments he has made in his properties, and noted he is not in opposition to the proposed district. He asked if a National Register District is a precursor to establishing a local historic district. Staff and the Commission explained the two are separate processes with public review. Staff Member Johnson explained that should there ever be an interest in establishing a local historic district, all property owners would again be notified and given an opportunity to participate in the public input process. Mr. Rafoth expressed his support for the Upper Central Avenue Commercial Historic District. David Witter, 2591 Old Country Lane, stated he owns the property at 1791 Central Avenue. He explained he has just begun a renovation project for the property and questioned the process for obtaining historic tax credits as well as other financial incentives that may be available. The Commission discussed the status of the project. Mr. Witter noted he has begun the project, but would be open to assistance. Staff explained that most programs, regardless of whether they are local, state or federal, require approval be in place prior to the work beginning. The Commission discussed the potential for phasing the project so funding could be pursued and financial assistance may be eligible from this point forward. Staff Member Johnson reviewed the historic tax credit program as well as local districts that may make the property eligible for assistance. He explained often times National Register Districts are catalysts for investment in neighborhoods. He distributed his business card to Mr. Witter and encouraged him to call him about potential funding sources. Staff Member Carstens directed the Commission to three written comments provided in response to the proposed Upper Central Avenue Commercial Historic District. The Minutes — Historic Preservation Commission May 17, 2012 Page 3 Commission noted Terry Mozena has provided a letter of support, and that Mary Pat Breitfelder and Fausto Gardini have provided letters supporting the district nomination, and respectfully request the nomination more clearly explain and delineate the contributions Luxembourgers and their descendants have made to the district. The Commission discussed the district nomination and noted the importance the nominations play in documenting the history of Dubuque and promoting investment in historic neighborhoods. The Commission was supportive and complimentary of the City's commitment to getting the Upper Central Avenue area listed on the National Register of Historic Places. Motion by Wand, seconded by Bichell, to receive and file the comments received, and to recommend City Council approve the Upper Central Avenue Commercial Historic District as it meets Significance Criteria A and C, recommend the consultant further explore the opportunity to include Significance Criterion B, and transmit to the State Nominations Review Committee the written comments requesting the nomination further consider the contributions of Luxembourgers and other ethnic groups in the district. Motion carried by the following vote: Aye — Klavitter, Olson, Bichell, Rapp, Wand and McDonell; Nay — None. REQUEST FOR RECONSIDERATION /DEMOLITION PERMIT IN CONSERVATION DISTRICT: Application of Ted Stackis / Mike Mihalakis to reconsider the Demolition Permit for property located at 1760 Jackson Street in the Washington Neighborhood Conservation District. Staff Member Johnson reviewed the staff report. He noted the applicant is requesting the Historic Preservation Commission reconsider the April 19, 2012 decision to deny the demolition permit for 1760 Jackson Street. He noted there were conflicting evaluations as to the significance of the building. He explained the Kriviskey Survey from the 1970s indicated the building was a non - contributing building, whereas the 2004 Jacobsen Survey indicated the building was a contributing building to a potential district. He explained by a vote of 2 to 3, the Commission determined the property was historically significant prior to demolition beginning. He explained the next step in the demolition process was to review the criteria for establishing whether a reasonable economic return can be earned from the property. He noted by of a vote of 3 to 3, the Historic Preservation Commission failed to reach a consensus on whether a reasonable economic return could be earned from the property, which constituted denial of the demolition permit. Staff explained in talking to the applicant, it was requested that the Historic Preservation Commission reconsider the decision to deny the demolition permit because the full Commission was not available to discuss and vote on the demolition permit application at the April 19th meeting and a consensus could not be reach on whether a reasonable economic return could be earned from the property. Minutes — Historic Preservation Commission May 17, 2012 Page 4 Staff Member Carstens explained in order for the Commission to reconsider their decision, any Commissioner that voted on the prevailing side of the vote must make a motion to reconsider. The Commission discussed the request to reconsider denial of the demolition permit. Staff Member Johnson clarified the Commission would be reconsidering whether the building had historic architectural significance as well as whether a reasonable economic return could be earned from the property. The Commission discussed the request. The Commission noted they were asked to review the demolition permit requested based on the condition of the building prior to demolition beginning without the necessary permits and approvals. The Commission stated the most recent historic evaluation identified the building as being contributing to a potential National Register District, and therefore historically and architecturally significant to the community and neighborhood. The Commission stated the property owners could have earned a reasonable economic return from the property by selling the property. The Commission stated the property owners themselves explained they have not invested any money into the building in recent years, and by selling it they could have received a direct economic gain. The Commission noted the underlying issue is that demolition of the property began prior to obtaining a demolition permit and approval by the Historic Preservation Commission. Commissioners noted that it is not the City's or Commission's responsibility to make amends for bad decisions. The Commission noted that as recently as seven years ago, the building was occupied and generating revenue. The Commission noted the property owner allowed the building to fall into disrepair. The Commission noted owning property is an investment and when things go wrong, it is a property owner's responsibility to fix them. The Commission stated it was the property owner's decision to gut the building and use it for storage purposes just like it's the property owner's decision to tear down the building to use it for a vacant lot. The Commission stated the hardship claimed by the property owner is self- imposed and it is not the hardship of the City, the citizens of Dubuque or the neighborhood. The Commission stated they did what they were asked to do based on the guidelines. The Commission discussed the request for consideration. Staff Member Carstens clarified the Commissioners on the prevailing side of both votes were Klavitter, Olson and McDonell. Commissioners Klavitter, Olson and McDonell discussed revisiting the applicant and none of the Commissioners felt revisiting the application was warranted. EDUCATION TASK FORCE Update on Public Outreach and Education Program: Chairperson Klavitter explained there was no new information to update the Commission on as the Task Force has not met. Minutes — Historic Preservation Commission May 17, 2012 Page 5 ITEMS FROM PUBLIC: None. ITEMS FROM COMMISSION: Demolition Permits: The Historic Preservation Commission discussed the process for the review of demolition permits in conservation districts. Staff Member Carstens clarified that based on past precedents, the process for review and approval of demolition permits in conservation districts was changed. She noted the Historic Preservation Commission now reviews and approves or denies demolition permits, and they no longer are forwarded to City Council except on appeal. Staff and the Commission noted that in almost every instance, the City Council concurred with the recommendation of the Historic Preservation Commission, and therefore it was more efficient for everyone to have the City Council as an appeals body rather than a part of the standard process. Staff Member Johnson confirmed that the Historic Preservation Commission reviews all demolition permit requests in historic and conservation districts regardless of the property's significance. Historic Evaluations: Commission Rapp questioned whether the historic surveys and evaluations are available on the City of Dubuque website. Staff Member Johnson confirmed that all the reports and Iowa Site Forms are on the City website. He asked whether it is unusual for there have been two conflicting professional evaluations of a property. Staff Member Johnson stated that to his knowledge, this has never come up in the past. The Commission noted that over time, a building does have the ability to gain and lose architectural significance in conservation districts. The Commission noted that Kriviskey's evaluation of 1760 Jackson was based largely on the individual building rather than Jacobsen's evaluation which took into consideration not only the building's architectural significance, but also the contributions it makes to the block and neighborhood. The Commission noted that Jacobsen believed that if that building were removed, it would affect the historic character of the block and neighborhood. Old House Enthusiasts Tour: Chairperson Klavitter reminded the Commission the Old House Enthusiasts Tour is May 19 & 20tH NAPC Membership: The Commission discussed the NAPC's newsletter which provides articles and information related to historic preservation commissions. The Commission noted how beneficial and informative the newsletter is. Commissioner Wand clarified the newsletter is called the Alliance Review. Chairperson Klavitter asked whether the Historic Preservation Commission is a member of the National Alliance of Preservation Commissions, and could regularly receive the Alliance Review. Staff Member Carstens explained the Planning Services Department is a member and receives the Alliance Review bi- monthly, which is copied and forwarded to Commissioners in their monthly preservation packets. Minutes — Historic Preservation Commission May 17, 2012 Page 6 Staff Approvals: The Historic Preservation Commission discussed two recent alterations to buildings that staff approved without design review by the Historic Preservation Commission. The Commission noted the chimney at 510 W. 11th Street that was removed as well as the window and door that were allowed to be switched on the building at 590 Arlington Street. The Commission stated the chimney that was removed should have been reviewed by the Commission since it was visible from Olive Street and W. 11th Street. The Commission noted the window and door that was switched on the building on Arlington Street should have been reviewed since it was a change in the design of the building. Staff Member Johnson stated that he met with the property owner of 510 W. 11th Street and reviewed whether or not the chimney was visible from a public right -of -way. He noted he walked around the sides of the building; however, he did not take into consideration the visibility of the chimney from more distant right -of way locations. He explained that he met with the property owner on Arlington Street and approved the door and window to be switched. He explained in evaluating the building and project, consideration was given to the fact that the building was an in -fill project, and not a historic structure or a structure which contributed to the district. He noted the window and door replacement were consistent with the guidelines. He explained the new window was identical to all the existing windows on the building, and in horizontal and vertical alignment with other windows on the same fagade. He explained the door was also in alignment with other openings on the same fagade. The Commission discussed the benefits, challenges and scope of approvals for Planning Services staff. The Commission noted a policy that more clearly outlines the scope of approvals could be beneficial to staff in working with the public and making decisions. Staff Member Johnson explained he regularly meets with property owners in historic districts to discuss exterior improvements to their properties. He noted oftentimes the proposed work is relatively simple and consistent with the architectural guidelines and staff will sign -off on the project. He reviewed that staff and the Historic Preservation Commission does not have the ability to review exterior changes that do not require a building permit or are not visible from a public right -of -way. Staff Member Johnson stated staffs ability to sign -off on projects is an important component of the City's Historic Preservation Program. He noted the great strides the Historic Preservation Commission and Education Task Force have made in their public outreach and how the Historic Preservation Program is perceived throughout the community. He explained that a property owner's ability to make modest improvements to their building without meetings and delays are a component of that positive perception. He noted the City has registered more properties which often times come with additional design regulations. He noted the Historic Millwork District, Downtown Design Guidelines and the expansion of the Washington Neighborhood Conservation District as examples. He explained the added regulation does not come with additional Minutes — Historic Preservation Commission May 17, 2012 Page 7 time and therefore keeping an open mind about the types of projects staff can approve would be beneficial. The Commission discussed the best approach to discussing staff approvals. By consensus, the Commission agreed the issue should be placed on a future Commission agenda that does not have a lot of items on it. Staff agreed to do a quick review of typical projects that staff and the Historic Preservation Commission review. ITEMS FROM STAFF: Building Services Historic Preservation Enforcement Report Update: Staff noted the report has not been updated. ADJOURNMENT: The meeting adjourned at 6:55 p.m. Respectfully submitted, Laura Carstens, Planning Services Manager Adopted f:\ users \kmunson \wp\ boards - commissions \hpc \minutes \hpc minutes 2012 \may 17 2012.doc Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: 1760 Jackson Street — Appeal of Historic Preservation Commission Denial of Demolition Permit Dubuque * * * ** All AmericaCity 2007 DATE: May 22, 2012 Introduction This memorandum forwards an appeal to the City Council by Ted Stackis for the Historic Preservation Commission's denial of a demolition permit for the property at 1760 Jackson Street. The letter of appeal, application and related documents are enclosed. Discussion Mr. Stackis began demolition of the structure prior to issuance of a demolition permit. The property is located in the Washington Street Neighborhood Conservation District. At the April 19th meeting, the Commission discussed the significance of the building as well as the City's Economic Guidelines and Review Criteria for establishing whether a reasonable economic return can be earned from the property prior to demolition beginning. The staff report noted conflicting evaluation of significance for the building. After consideration of the facts, a motion was made by Klavitter, seconded by Wand, to approve the demolition permit as proposed due to the building not being architecturally or historically significant. The motion failed by the following vote: Aye — Wand, Rapp; Nay — Klavitter, Olson, McDonell. The Commission next discussed the Economic Guidelines and Review Criteria for establishing whether a reasonable economic return can be earned from the property. A motion was made by Wand, seconded by McDonell, to approve the demolition permit because a reasonable economic return cannot be earned from the property. The motion failed by the following vote: Aye — Wand, Rapp, and Whalen; Nay — Klavitter, Olson and McDonell. The Commission failed to reach a consensus on the Economic Guidelines and Review Criteria for establishing a reasonable economic return, which constituted denial of the demolition permit. At the May 17th meeting, the Commission considered a request for reconsideration filed by Mr. Stackis due to the two split votes. After discussion of the record and criteria, no Commissioner who voted on the prevailing side made a motion to reconsider. The denial of the demolition permit stands. CONCLUSION On considering Mr. Stackis' appeal of the Commission's action, Section 10 -13 of the Unified Development Code states: C. On appeal, the City Council shall consider only the record of the action before the Commission. No new matter may be considered. D. The City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this Article, and whether the Commission's action was patently arbitrary or capricious. E. The City Council may affirm or reverse the Commission's action, or may refer the matter back to the Commission for such further action as may be appropriate. The City Clerk shall give written notice of the City Council's decision on appeal within seven days of the City Council's decision to the appellant and the Historic Preservation Commission. F. An appellant who is not satisfied by the decision of the City Council may appeal within 60 days of the City Council's decision to the district court for Dubuque County, pursuant to Iowa Code section 303.34. Enclosures cc: Ted Stackis, Ted Stackis Construction, 206 Saunders St. David Klavitter, Chairperson, Historic Preservation Commission TED STACKIS CONSTRUCTION Ted Stackis - Owner 206 Saunders Street Dubuque, Iowa 52001 563 -451 -3300 REF: APPEAL FOR 1760 JACKSON STREET HISTORIC CONSERVATION To whom it may concern, MAY 10 2012 CITY OF DUBTOUE PLANNING SLRVICES D'rP:.LL This letter is a formal request to appeal a split decision made by the Historic Conservation in reference to a property owned by Mike and Lilly Mihalakis located at 1760 Jackson Street in Dubuque, Iowa. The property has been vacant for several years and remains in very poor condition. On April 23, 2012 the Historic Conservation held a meeting regarding the deconstruction of the property, in which I attended, and they could not reach an agreement in favor for the deconstruction of the house. There were two concerns regarding the house. 1. Economic Return - I am providing documentation from a Dubuque realtor, Dave Sandman with REMAX. The information proves that it would not be economically feasible. 2. Historic Significance: The front porch columns would be the only feature on the entire house that has not been compromised. The Mihalakis family also owns the adjoining property. In my professional opinion: I feel a decision should be made in favor of deconstruction of this property due to its current condition. Sincerely, Ted Stackis - Owner Ted Stackis Construction Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ❑Appeal ['Special Exception ❑Limited Setback Waiver ❑Rezoning /PUD PLANNING APPLICATION FORM ❑Preliminary Plat ❑Major Final Plat - ❑Minor Final Plat ❑Simple Site Plan ❑Minor Site Plan DMajor Site Plan ['Simple Subdivision ['Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Please two or print leiibly in ink A� h j NA i ®1, � ti• ai 1 0, i ) Property owner(s): Addres I ee 0 3 A, K KS orl City: Du/ • SO A Fax #: irk Cell # `.Ci rf Applicant /Agent: PA Address: Z 06,S KuA cle) t 3 City: 0(A-to Lt Ll.-e✓ at. Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563- 589 -4221 plannlnnOcitvofdubuaue.otq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability Dtlistoric Designation Demolition in Conservation District ❑Neighborhood Assoc. Phone: -mail: A State' .Zip: ,:off 1 Phone: G 3 L 5 1° 3 0C Fax #: t\ Cell #: 1\1 I IN G0 ,:iJCKk. Site location /address: State:, Zip:_s_zod 1 Existing zoning: 2-214 Proposed zoning: District: ,K'W �it 1S Landmark: ❑Yes MNo Legal Description (Sidweli parcel ID# or lot number /block number /subdivision): IP Z yzoper Total property (lot) area (square feet or acres): a.. c ifrez -. Describe proposal and reason necessary (attach a letter of explanation, if needed): 661i?. & np_r Otbi\S ii-Ope,CA 4 t.X1' bears ai\t" liNkR U\SLt\c \twv., cur 5tt .-,kl 0 E. ct,t\io ,A'\ t�nlcA, 1 >St : S I Vi e, "Rm to i--eR DNS r°o oVJ 1,3an.IC G'`, CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional requir written and graphic materials are attached. iej Property Owner(s): t`�� , 4't � �1 ; /e 4 :toy Applicant /Agent(s): 411 Date: d i 4 Date: 1 -11 " 1? FOR. OFFICE USE ONLY . Fee: Received by: Date: Docket: DESCRIPTION OF PROPOSED PROJECT (use additional pages as needed) Please describe your demolition project, indicating the existing materials, their condition and the reason for the proposed demolition. a. i s cs c i rr 4 q ct ?op r 'l - 1 Nko 1Act R s .ir• g`- J N o El t. c t' t C.-. f �kAtAl ,i ll.5 A � &kkke, OA, 1 �-. fi�Ito r Ns u,se.CLC- s r e, b �\ o cl� 'ow Ark. tI1.�ln,��,rii G t n e., wA ko, . k S�� e s A i-e, 91,,,,,-k . c„t -,61 er ' Um\ .GiNs u -\Q., NA Q,. s Ms o tmk\\0, 1 .At. mm o., t4 b r llt(e.,t5 to totrt \cti.ns., �� so Are you earning a reasonable economic return from the property or have you considered any other alternative opportunities to earn a real® ble economic return from the property? 140 Co XC_ . not , (MAN 1;ant11)G rc1� t Vov-k—t) \ °r \y Nt, o� XAC) I`t;. `t�CLh -Z) �c 'S t,.3 L"Y V, Qr• (� Qty F.0 most l:om�. ��s \.r t oo r c, ca 1L t o t\ A r.ha.io W-- tZ 0 . 1 0 t , t 0 What is your timeline to demolish the building? j Please provide the name of contractor. EC, StCkC i Cc cr y r�4�.�t 't N. he-d" - 17 - Signature Date . . . . . .. . . 'f,•'-', . •• . ■ „ . • , _,-.54. . .__ ._ ...-.:.. ..:. ' .-.-„.• ..' .._ . .. . .. . . . -,- , - ,i xi .,.,• .,.. h la "Le} : 0 ,-, , 0 - -.,. .. .....,..t\-..04:, ;:no. iir.r.yV,.• kerior-...i -k-a vv..' down •: • -12______Atuci&.__Ija.0,:ce..'s.: . ho boo-, or :.le•-•i-k-a-.A.___,Vaili.—,ve_z_____ • •. ., 11 i ' -_. , ' . et i . 6.4.6eldt.4-1' 4. appeal- 4-gt_. • - , --.,, .,, .-... . , . .•• . ........ • .• . .- • . • • . • .., . . • • . •• • • •• - • ..... ... ... . .. • • .• .. . .. .. • . • . . .. 5 LX , Va..Q.61:50A-1,4:sk.. • $ 6 • C-)00.': '. • .., • '' ' • .. • .' . • I . CPCOACAiklef ,. ...' -. • • . . . • 41)4.) /4 37 4 le 40,0-11 vil,r4- . 405 7L1 . ..z A , 4_ - -4! plrQpe.4- ' ' 1-)C4-4 — 114Y4 .. . perSan - te,",":". 4.14.,,,/ d5er-irehe," ,, reiah%11e , : .i t\ • iCk.,-) dikL....:0 --:, '--- -2.. - - • ---6/- _ -47/74/,;,27/-ayaive. cor,&ozr,:s__- 57,370/4) kv,(4--?at,,,,14,5;5• ce../...-_Z. g) inif.te Mik.ak.i5 9) HAS - heeil otfr.,,ida big, az,„a_ /la"- pl--,ciyi--- , /6) /3195€455e011 _lak_1- 1 ii) r 5 $5 5, tdtL - 4 . pair 7 - gull ... . . - • • , ] . • ' • , 1, : • :" r II 1 . 1 ° ' - 1,5 4l16. it j $f I t?,i-,c,fr rtq,,,,.3 i° J �. 13 . L 1 ..._ - - _-.< - _ ;i •s • , 1 • _ 179°) AO e5-Aiell.,1,/eal 1 t • ] • i t . •t • l 1 • r • ■ • • • r' r �. - Y t • .. .. ' . • t ;a . .: A t , _ .1 I. I 1 From Ted Stackis:Construction (TSC) 206 Saunders Street Dubuque, IA6 52001 To: Dubuque Conservation District Subject: 1760 Jackson To -whom it -may concern, I am writing this letter to apologize for not completely investigate all permits necessary to begin the deconstruction on the above property. I obviously overlooked the fact that it was in a Conservation District. I believed, prior to beginning on the deconstruction of the building, that I had all ofthe necessary permits to begin the project. I want to say to the Board; that the project was not begun in any malicious way, nor did I intentionally not seek the correct permits prior to beginning work. Based on the building .condition; I firmly believe that the end results are going to be the same in that the Conservation Board. will letermine:that due to the condition of the building, permission would have been granted far:.. deconstruction .` I hope that my sincere apology and strong belief in the deconstruction.concept meet with the Conservation District Board's decision to allow TSC to finish the deconstruction of 1760 ?.:.,: Jackson.' Sinderely, • Theodore J. Staclas rS VC s, April 5, 2012 allzsz,t Outstanding - gents. Outstanding Result Ted Stackis Ted Stackis Construction RE: Market Analysis on Home located at 1760 Jackson Dear Ted: I have looked at the home located at 1760 Jackson St. Dubuque, IA 52001. It is a 2 story single family home built in 1896 located on a 25 x 100 lot. I have included pictures of the home in its current condition. The home is in very poor condition. It has no roof and the interior is tore down to the studs. There are no kitchen or bath fixtures in the house or any furnace. It appears structurally unsound and unsafe. I am offering my opinion of value under the following scenerios. If the house were sold in its current condition I believe the value would be around $5,000. If the house was demolished , I believe the value of the vacant lot would still be around $5,000. If the existing house were to be renovated, I believe the value would be around $60,000. I have enclosed some comparable sales of homes to support my opinions. I would be happy to discuss this with you in more detail. Please let me know how I can be of assistance. Dave Sandman REALTOR licensed in IA and IL RE /MAX Advantage Realty L4 sz& Advantage Realty 4029 Pennsylvania Avenue Dubuque, IA 52002 Office: 563 - 588 -3078 Fax: 563 - 588 -1799 Each Office Independently Owned and Operated Website: www.DubuqueAreaHomes.com A I 111 p Egtt pi] \ \\ \Av, .1 p / / ! LigfiAcres - -.COO- ..ate. Year 1900 Gar Capacity 0 Gar Type None Rm Size Lvi Family Rm Up Living Rm 15x20 Dining Rm 12x15 Kitchen 12x13 Other Other 2 Rm Size 1 FR Down 1 Bedrm 1 9x15 1 Bedrm 2 9x15 Bedrm 3 9x15 Bedrm 4 MLS #: 119573 LP: $54,900 2139 Jackson Dubuque Contract Date: Closing Date: How Sold: Selling Office: Selling Agent: 52001 11/1/2011 12/23/2011 CASH DOM: 70 Sold Price: $56,100 Ruhl & Ruhl Realtors - Main: (563) 583 -4550 Meggan Healey Down Payment: Interest Rate: Buyers Name: Wilbin Buy Mov in Tri -St Area: Points: SellMovOut Tri -St Area: Points: # Bed: #Baths 2 2 2 U 3 M U 1 M 1 Gross Tax: 1267 Avg Mnth Ht: LU LU Estimated Square Footage Tot Abv Grnd Upper Main Lower 1732 866 866 0 2 Story Asp /Composite Shngl, Rubber Gas Public Full Refrigerator, Range /Oven, Dishwasher Porch Cash Grade Sch: Audubon Senior Hi: S. Hempstead Brick Forced Air Window Unit Public Rock Jr High /Mid:Jefferson Jr High Owner wants an offer!! Price reduced! You won't beleive your eyes once you step inside this beautifully updated 2 story brick home! 3 bedrooms, 2 bathrooms, large kitchen & living room, main floor laundry, newer furnace and much more! Owner: Z Fin 13 L /0: Ruhl & Ruhl Realtors L /A: Ryan Anglese Main: (563) 583 -4550 Home: (563) 564 -9533 BA: 3.5 Vail: No # of Acres: Year Gar Capacity 1924 Gar Type Rm Size Lvl Family Rm Up Living Rm 11 x 17 1 Dining Rm 13 x 15 1 Kitchen 13 x 13 1 Other Other 2 Rm FR Down Bedrm 1 Bedrm 2 Bedrm 3 Bedrm 4 Size MLS #: 114416 LP: $59,900 2947 White DOM: 572 Sold Price: $59,900 Dubuque 52001 Contract Date: 3/8/2011. Closing Date: 4/29/2011 How Sold: CONVENTIONAL Selling Office: Duggan /Iowa Realty- Maim (563) 556 -2525 Selling Agent: Ronald Craff Down Payment: Interest Rate: Buyers Name: Clarice Moren Buy Mov in Tri -St Area: Points: SellMovOut Tri -St Area: Points: # Bed: U 3 M L #Baths U 1 M .5 L 0 Gross Tax: 1182 Avg Mnth Ht: 10 x 10 14 x 10 17 x 11 2 2 2 Estimated Square Footage Tot Abv Grnd Upper Main Lower 1500 750 750 0 2 Story Asp /Composite Shngll Gas Public Full Porch Cash Grade Sch: Fulton Senior Hi: Wood Forced Air Central Air Public Pour /Concrete Jr High /Mid: Wonderful Home dose to schools. Great front porch. Large rooms. Natural woodwork. Remodeled Kitchen with a lot of cabinets . Main floor bath. Bonus barroom in basement Owner: Jeramy & Lindsy Hennessy L /O: Duggan /Iowa Realty L /A: Ronald Craff 563 - 556 -2525 Main: (563) 556 -2525 Home: (563) 557-8716 BA: 2,5 Vari: No # of Acres: 0.00 Year 1900 Gar Capacity 1 Gar Type Detached MLS #: 119926 LP: $72,000 2246 Jackson DOM: 20 Sold Price: $72,000 Dubuque 52001 Contract Date: 11/1/2011 Closing Date: 11/30/2011 How Sold: FHA Selling Office: American Realty of Dubuque, Inc. - Main: Selling Agent: Down Payment: Interest Rate: Buyers Name: Briggs Buy Mov in Tri -St Area: Points: SeliMovOut Tri -St Area: Points: # Bed: U 3 M L #Baths U 1 M L Gross Tax: 934 Avg Mnth Ht: Rm Size Lvi Rm Size Family Rm Up Living Rm 14 x 15 1 FR Down Dining Rm 9 x 10 1 Bedrm 1 12 x 12 2 Kitchen 11 x 13 1 Bedrm 2 12 x 13 2 Other Bedrm 3 10 x 19 Other 2 Bedrm 4 Estimated Square Footage Tot Abv Grnd 1232 Upper 616 Main 616 Lower 0 2 Story Other Asp /Composite Shngl Forced Air Gas Public Full Rock Refrigerator, Range /Oven, Microwave, Washer, Dryer Porch, Walkout Cash Grade Sch: Fulton Senior Hi: S. Hempstead Jr High /Mid :Jefferson Jr High Beautiful woodwork throughout - open oak staircase. Owner: Helen M. Schwartz L /O: American Realty of Dubuque, Inc. L /A: Bea Bisenius -Soens Main: (563) 556 -4577 mobil: (563) 590 -0343 BA: 2.S Vari: No # of Acres: 0.00 Year 1911 Gar Capacity 1 Gar Type Detached Rm Size Lvl Family Rm Up 0 0 Living Rm 15x13 1 Dining Rm 13x12 1 Kitchen 13x11 1 Other Other 2 Rm Size MLS #: 118212 LP: $10,000 389 E 21st DOM: 43 Sold Price: $10,600 Dubuque, 52001 Contract Date: 4/20/2011 Closing Date: 6/2/2011 How Sold: CASH Selling Office: Remax Advantage - Maim (563) 588 -3078 Selling Agent: Peggy Gibson Down Payment: Interest Rate: Buyers Name: McDermott Buy Mov in Tri -St Area: SeliMovOut Tri -St Area: # Bed: U 2 M #Baths U 1 M FR Down 0 0 Bedrm 1 15x13 2 Bedrm 2 14x9 2 Bedrm 3 0 0 Bedrm 4 0 0 Points: Points: 0 LO 0 LO Gross Tax: 912 Avg Mnth Ht: 0 Estimated Square Footage Tot Abv Grnd Upper Main Lower 1207 600 607 0 2 Story Asp /Composite Shngl Gas Public Full Cash Cement Asbestos Forced Air Public Rock Grade Sch: Audubon Senior Hi: Dubuque Senior Jr High /Mid:Jefferson Jr High No offer will be submitted without a Prequalification letter attached or a Proof of funds letter from a financial institution (NO EXCEPTIONS), allow up to 21 days for final approval or consideration of all offers. Seller reserves the right to reject any and all offers. written response to any offer may not be issued. No offer will be considered accepted until Seller's signature is obtained on Seller's Docuementation Owner: Premier Asset Services LID: Duggan /Iowa Realty L /A: Terry Duggan 0 Maim (563) 556 -2525 Home: (563) 590 -7650 BA: 2.5 Varl: No # of Acres: 0.04 Year 1890 Gar Capacity 1 Gar Type Detached Size Lvl Rm Family Rm Up Living Rm Dining Rm Kitchen Other Other 2 Rm Size FR Down Bedrm 1 Bedrm 2 Bedrm 3 Bedrm 4 MLS #: 120163 LP: $14,900 1603 Washington Dubuque 52001 Contract Date: 1/25/2012 Closing Date: 3/9/2012 Flow Sold: CASH Selling Office: Continental Realty Dubuque - Main: (563) Selling Agent: Mike Felderman Down Payment: Interest Rate: Buyers Name: 3l( Investments Buy Nov in Tri -St Area: Points: SelIMovOut Tri -St Area: Points: # Bed: #Baths DOM: 64 Sold Price: $14,500 U 3 M U 1 M .5 Gross Tax: 904 Avg Mnth Ht: LO LO Estimated Square Footage Tot Abv Grnd 1472 Upper 646 Main 826 Lower 0 2 Story Asp /Composite Shngl, Flat Gas Public Full Cash Grade Sch: Prescott Senior Hi: S. Hempstead Brick Forced Air Central Air Public Rock Jr High /Mid:Jefferson 3r High Here's a challenge for the experienced `handy' folks out there! Very rough condition and therefore priced accordingly. 3 bed, 1 1/z bath corner lot. Owner: HUD L /O: Ruhl & Ruhl Realtors L /A: Ryan Anglese Main: (563) 583 -4550 Home: (563) 564 -9533 BA: 3 Vari: No MLS #: 119933 LP: $14,900 1576 Locust St DOM: 71 Sold Price: $15,000 Dubuque 52001 Contract Date: 12/24/2011 Closing Date: 1/31/2012 How Sold: CASH Selling Office: Remax Advantage - Main: (563) 588 -3078 Selling Agent: Christopher Biedermann Down Payment: Interest Rate: Buyers Name: Fitzgerald Enterpizes # of Acres: 0.15 Buy Mov in Tri -St Area: Points: Year 1886 SellMovOut Tri -St Area: Points: Gar Capacity 0 # Bed: Gar Type #Baths Rm Size Lvl Rm Size Family Rm Up Living Rm FR Down Dining Rm Bedrm 1 Kitchen Bedrm 2 Other Bedrm 3 Other 2 Bedrm 4 U 6 M U 2 M 2 Gross Tax: 964 Avg Mnth Ht: LU LU Estimated Square Footage Tot Abv Grnd 2924 Upper 1462 Main 1462 Lower 0 2 Story Asp /Composite Shngl Other Public Full Other Porch Cash Brick, Stone Radiant Other Public Other Grade Sch: Lincoln Senior Hi: Dubuque Senior Jr High /Mid:Washington Jr High Two story home located in Dubuque Historic District. Needs TLC Sold As Is" Owner: Gmac L /0: Remax Advantage L /A: Christopher Biedermann Main: (563) 588 -3078 home: (563) 564 -3058 BA: 3 Vari: No -rnir-- '®__._ - • r1:1. # of Acres: Year 1898 Gar Capacity Gar Type None Rm Size Family Rm Up Living Rm 15 x 13 Dining Rm 14 x 13 Kitchen 10 x 8 Other Other 2 Lvi Rm 1 FR Down 1 Bedrm 1 1 Bedrm 2 Bedrm 3 Bedrm 4 Size MLS #: 117402 LP: $18,900 2410 Queen Dubuque Contract Date: 1/18/2011 Closing Date: 4/29/2011 How Sold: CASH Selling Office: 52001 DOM: 102 Sold Price: $15,70 Duggan /Iowa Realty - Main: (563) 556 -2525 Selling Agent: Bridget Stipanovich Down Payment: Interest Rate: Buyers Name: Ramirez Buy Mov in Tri -St Area: SellMovOut Tri -St Area: # Bed: U 3 M #Baths U 1 M Gross Tax: 922 Avg Mnth Ht: 10 x 10 10 x 9 10 x 14 2 2 2 Points: Points: L L Estimated Square Footage Tot Abv Grnd Upper Main Lower 1100 500 600 576 1 1/2 Story Asp /Composite Shngl Gas Public Full Porch Cash Grade Sch: Senior Hi: Asphalt Shingle Forced Air Public Rock Jr High /Mid: Close by Dec. 31, 2010 & receive up to 3.5% in closing costs assistance! Owner: Corporate, Fannie Mae L /O: Duggan /Iowa Realty L /A: Terry Duggan Main: (563) 556 -2525 Home: (563) 590 -7650 BA: 2.5 Vari: No TED STACKIS CONSTRUCTION 206 Saunders Dubuque, Iowa 52001 Ph. # 563-451-3300 PROPOSAL Page # Proposal Submitted To: Address Phone # eta. , Gt e Job Name ,lea » /1 517-1,01(70A cam. Job Location Date Fax # pages Date of Plans, / Architect We hereby submit specifications and estimates for: ,//4 G`tridfvl �piaa. a/1 GS 6^" / Yrf "4 y l: � c ,/�1�(�Pi�y 1Cs fil-I j '� ✓es fiG 54Jl, !-c e . d a S G�dGGe [fir �t� /• We propose hereby to furnish material and labor— complete in accordance with the above specifications for the sum of: 96.0 with payments to be made as follows• ) eft) 61;41 l LtY Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. err- en/-ea ft19 6i oviApkti6v1 Respectfly submitted: Dollars Note -this proposal may be withdrawn by us if not accepted within days. � ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments Signature will be made as outlined above. Date of Acceptance. Signature A- NC3819 / T-3850 THE CITY OF DUB Masterpiece on the Mississippi Dubuque re! 2007 MINUTES HISTORIC PRESERVATION COMMISSION REGULAR SESSION 5:30 p.m. Thursday, April 19, 2012 City Council Chamber, Historic Federal Building Y,TaiN 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 Minutes — Historic Preservation Commission 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 Minutes — Historic Preservation Commission 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 Minutes — Historic Preservation Commission 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. Dubuque County, OA b aoonm1 Summary Parcel ID 1024263005 Alternate ID 4- 1 -12 -5 Property Address 1760 Jackson Sec /Twp/ Rng Brief Tax Description N 1/2 LOT 34 EAST DUBUQUE ADD (Note: Not to be used on legal documents) Deed Book /Page 91 -6438 (06261991) Contract Book /Page N/A Gross Acres 0.00 Net Acres 0.00 Class R - Residential Taxing District DUBA - DUBUQUE CITY /DBQ COMM SCH School District DUBUQUE COMM SCH Date Created: 4/5 /2012 Click to Enlarge Owners Deed Holder Mihalakis, Elizabeth Ann And/ OR Michael 1760 Jackson Dubuque IA 52001 Contract Holder Mailing Address Land Lot Dimensions Lot Area Regular Lot: 25.00 x 100.00 0.06 Acres; 2,500 SF Residential Dwellings Residential Dwelling Occupancy Single - Family / Owner Occupied Style 2 Story Frame Year Built 1896 Condition Poor Grade what's this? 5+10 Roof None Flooring None Foundation None Exterior Material Wd Lap Interior Material None Brick & Stone Size Total Living Area 1,272 SF Attic Type None; Number of Rooms 5 above; 0 below Number of Bedrooms 2 above; 0 below Basement Area Type Full Basement Area 540 Basement Finished Area Plumbing 1 Full Bath; 1 Other Fixtures; Appliances Central Air No Heat FHA - Gas Fireplaces Porches 1S Frame Enclosed (96 SF); iS Brick Open (108 SF); Decks Additions Garages Valuation 1 Story Frame (192 SF); Pay Property Taxes Click here to enter the County Treasurer's web site. • Special Assessments PREL ASSESSEMENT GREEN ALLEY 12-22-11 $719.73 Tax Histog. Year Due Date Amount Paid Date Paid Receipt ........11..,--. 12010 March 2012 $357 Yes 02/27/2012 485981 September2011 $357 Yes 08/22/2011 — • • - • .—. 2009 March 2011 $336 Yes 03/08/2011 433679 September 2010 . . $336 Yes 09/16/2010 Photos - 2011 2010 2009 I 1- — — , Assessed Building Value - $0 $0 . $0 , + -- Assessed Dwelling Value $39,100 39,100 $39,100 + Assessed Land Value - - $8,500 $8,500 $8,500 , + — Exem t Value — $0 • $0 $0 ' = __ Gross Assessed Value S $47,600 $47,600 $47,600 - Exempt Value $0 -- $0 $0 = - - NetAssessed Value $47,600 $47,600 $47,600 Pay Property Taxes Click here to enter the County Treasurer's web site. • Special Assessments PREL ASSESSEMENT GREEN ALLEY 12-22-11 $719.73 Tax Histog. Year Due Date Amount Paid Date Paid Receipt ........11..,--. 12010 March 2012 $357 Yes 02/27/2012 485981 September2011 $357 Yes 08/22/2011 — • • - • .—. 2009 March 2011 $336 Yes 03/08/2011 433679 September 2010 . . $336 Yes 09/16/2010 Photos - _- 2-010 $01 , $0 ± Taxable Building Value + — Taxable Dwelling Value - - • - - — - • —• . $18,975 r $18,342 _ + — — Taxable Land Value ___ . — I = I - 1 = Gross Taxable Value - _ $23,100 $22,329 Military Credit -Net Taxah;1 Value .------------------------------ • $0 $23,100 $0 $22,329 , x ;Levy Rate (per $1000 of value) 35.57108 . 35.00555 ' = — Gross Taxes. Due . — .. . . $821.69 $781.64 Land Credit - - • -- • ' . _ $0.00 1 - Family Farm Credit .- $0.00 $0.00 I - Homestead Credit ($108.69 ) ($108.66) - Disabled and Senior Citizens Credit - , $0.00 $0.00 = --- Net Taxes Due . . , $714.001 $672.00 Pay Property Taxes Click here to enter the County Treasurer's web site. • Special Assessments PREL ASSESSEMENT GREEN ALLEY 12-22-11 $719.73 Tax Histog. Year Due Date Amount Paid Date Paid Receipt ........11..,--. 12010 March 2012 $357 Yes 02/27/2012 485981 September2011 $357 Yes 08/22/2011 — • • - • .—. 2009 March 2011 $336 Yes 03/08/2011 433679 September 2010 . . $336 Yes 09/16/2010 Photos View Map View Map Sketches Sketch by www.camavision.bom 16 13 FR 1 [182] 12 3R E 186] B 30 2$ B FR [540] 18 S 1SBRKOP [1g] No data available for the following modules: Commercial Buildings, Agricultural Buildings, Yard Extras, Sales, Show Deed /Contract. Click here for help. 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Last Data Upload: 4/5/2012 3:31:43 AM developed by The Schneider Corporation Schneider www.schneidercorp.com DEMOLITION PERMIT STAFF REPORT Meeting Date: April 19, 2012 Property Address: 1760 Jackson Street Property Owner: Mike Mihalakis Applicant: Ted Stackis Project: • To demolish the building Conservation District: Washington Street Neighborhood Conservation District Landmark: No Funding: No Date uilt: pre -1884 Present Land Use: Vacant Existing Zoning: R -2A Alternate Two - Family Residential Level of Significance: ❑ Non - Supportive (Kriviskey 1979) ❑ Contributing — Jacobsen 2003) Property History: The house has a two-story gable front with a single -story gable roof rear wing and a hip roof front porch with rounded columns. This house was present on the 1884 Sanborn map, with a rear wing and south side porch. There were three sheds, one of which is separately addressed on the alley. A garage was present by 1909/36. Anton Manahl owned this parcel in 1919 when the parcel was sewered. Staff Analysis: The applicant is seeking a demolition permit to finish deconstructing the house. Work commenced prior to receiving all the signatures necessary for the demolition permit, but ceased immediately after the contractor was made aware the property was located in the Washington Neighborhood Conservation District. A letter prepared by the applicant explaining his haste and poor judgment is enclosed. It was explained only the roof and features of the front porch were removed before they stopped work. The property was evaluated during the Architectural Survey completed in 1979 and again as part of the Phase III Architectural and Historic Survey for Downtown Dubuque in 2003. There are conflicting opinions as to the historical significance of the property. The 1979 Architectural Survey indicates the property as being Non - Supportive, or a structure of no particular architectural significance because of recent dates of construction or because of intensive and irreversible modifications. The 2003 Architectural and Historic Survey identifies the building as being contributing to a potential National Register of Historic Places district. In determining whether a building has historic or architectural significance, the Commission shall consider an application for a demolition permit in accordance with the standards for review set forth in the Secretary of the Interior's "Standards for Identification and Evaluation ", and any subsequent revisions of these standards and guidelines by the secretary of the interior. The Commission shall also consider a determination from the State Historical Preservation Office (SHPO) as to the potential eligibility for listing of the building proposed for demolition on the National Register of Historic Places. The 1979 and 2003 evaluations are both considered standards for review. The 2003 report is the most recent evaluation on file and accepted by SHPO; therefore the application prepared by the applicant includes the Economic Guidelines and Review Criteria set forth in Article 10 of the Unified Development Code. The charge of the Commission is to review all of the information submitted by the applicant and make a determination as the following: 1. Whether the building proposed for demolition has historic or architectural significance to the community; and 2. Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. If the Commission concurs with the evaluation of the 2003 Phase III Architectural and Historical Survey Report and finds the building historically or architecturally significant to the community, the Commission must review the Economic Guidelines and Review Criteria and make a determination whether a reasonable economic return on the property can be achieved. If the Commission finds that the property is not historically or architecturally significant, then no further review is needed and the Commission should approve the demolition permit. The following is a summary of the Economic Guidelines and Review Criteria submitted by the applicant to aid in determining whether a reasonable economic return can be achieved from the property. A reasonable economic return is the point at which a reasonable use or a reasonable profit can be realized from the property. This may mean just bringing a building up to code to where it could be occupied, not necessarily its "highest and best use ", preferred use, or a complete restoration project. The applicant was instructed to provide documentation on the costs /condition of the building before any demolition work had begun. 1. Estimate of the cost the proposed demolition: The estimated cost to remove the building is $6,000. 2. A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish: Ted Stackis, licensed contractor, prepared the following summary: The building was in very poor shape. The building had no heat, no electric, and was gutted on the 1st floor and used for storage. All mechanicals were gone. Water and sewer were shut off at the main. The gas line was also pulled and there were no utilities to the building. There are no fixtures in the house and it was structurally unsound and unsafe. 3. An opinion of the market value and the appraised value of the property by a realtor or appraiser in it's a) current condition, b) after completion of the proposed demolition, c) after renovation of the existing property for continued use, and d) all appraisals obtained in the last five years: a) $5,000 b) $5,000 (value of the lot) c) $60,000 d) There we no appraisals in the last 5 years. • 4. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the cost to rehabilitate the structure for its continued use: Ted Stackis, licensed contractor, submitted the enclosed proposal to rehabilitate the building. The estimated cost to rehabilitate the building is $64,900. 5. The amount paid for the property, the date of purchase and the person from whom the property was purchased. Cora Ward quitclaim deeded the property to the current property owners in 1986. No money was involved in the transaction. 6. If the property is income - producing, the annual gross income from the property for the previous two years: The property was not income producing. It was vacant and used for storage. 7. Itemized operating and maintenance expenses for the previous two years, and the depreciation deduction and annual cash flow before and after the debt service, if any, during the same period: The application states the only expenses for the previous two years has been the costs to remove snow, cut the grass and pay the property taxes. 8. The remaining balance on any mortgage or other financing secured by the property and annual, and annual debt service for the previous two years: There is no mortgage on the property.. 9. Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous two years: The property has not been listed for sale or rent within the previous two years. 10. The assessed value of the property according to the two most recent assessments: The net assessed value according to the two most recent assessments is $39,100. 11.The amount of real estate taxes for the previous two years and whether or not they have been paid: Real estate taxes have been paid for the last two years. $714.00 was paid in 2010 and $672 was paid in 2009. 12.Any other information considered necessary by the Commission to make a determination as to whether the property does or does or may yield a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use: The property owner believes it is in their best interest to complete the demolition of the house. The vacant lot is more valuable to them than the home. The application states that np one could have lived in the property and it would have been too expensive to rehabilitate. The property owner would like to use the lot as a garden. The lot is adjacent to the property owner's principal residence. The application states the property was in very poor condition and uninhabitable and unable to rent. 13. Proof of the applicants efforts to obtain financing, tax incentives, preservation grants, and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use: The property owner applied for and was denied a land grant recently. 14.A showing of the applicant's efforts in ongoing maintenance and repair: The property owner repaired the roof porch, fascia and soffit on the porch in 1995. No other building records exist. If the commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the commission should approve of the application. If the commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the commission should deny of the permit application. Prepared by: ReviewedAVt&G Date: 04-6: id- • r. ,7, • " , - - - 1 11 I • I 1 \!. Th. I. . ' r i i ': : 1 111' ..,-*.a• .. yv ' \ i f ---1‘;11: � r 1-