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St Mark Community Ctr Appeal Historic Pres re: windows DU~~E ~ck~ MEMORANDUM May 31,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: St. Mark's, 391 W. 12th Street -- Appeal of HPC Action Planning Services Manager Laura Carstens is transmitting information regarding the appeal filed by St. Mark's Community Center for the denial by the Historic Preservation Commission of St. Mark's request to allow wrapping wood window trim with aluminum for the structure at 391 W. 1 ih Street in the Jackson Park Historic Preservation District. After review of the appeal letter and the Commission record, it is the conclusion of both the Planning Services Department and the City Attorney's Office that the denial by the Commission appears to be consistent with the Historic Preservation Ordinance. According to Chapter 25, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and the Historic Preservation Ordinance, and whether the Commission's action was patently arbitrary or capricious. 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. /l/~ilti{ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager D~~~E ~<k~ MEMORANDUM May 25,2006 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager RE: St. Mark's, 391 W. 1ih Street -- Appeal of HPC Action Introduction This memo transmits information regarding the appeal filed by St. Mark's Community Center for the denial by the Historic Preservation Commission of St. Mark's r~uest to allow wrapping wood window trim with aluminum for the structure at 391 W. 12 h Street in the Jackson Park Historic Preservation District. Appeals from Commission Action According to Chapter 25 (Historic Preservation Ordinance) of the City Code, appeals from Commission action are to be filed within thirty (30) days from the date of notice of the Commission's action. The Commission's action was taken on March 16, 2006 and the notice of the Commission's decision was made on March 28, 2006. St. Mark's filed its appeal on May 23, 2006 -- sixty six (66) days from the date of notice of the Commission action. The City Legal Department has advised me to point out that this appeal is not timely under the ordinance. The City Council still has the discretion to consider the appeal but is not required to under the ordinance. If Council members choose not to hear the appeal because it is late, Legal staff advises that they should formally deny the appeal on that basis. St Mark's can then continue their appeal attempt in District Court. An appellant who is not satisfied by the decision of the City Council may appeal within sixty (60) days of the City Council's decision to the district court for Dubuque County, pursuant to Iowa Code section 303.34. St. Mark's, 391 W. 1ih Street -- Appeal of HPC Action page 2 Record to be Considered On appeal, according to Chapter 25, the City Council shall consider only the record of the action before the Commission. No new matter may be considered. I have enclosed the record of action before the Commission, which is summarized below. In 2005, representatives of St. Mark's met with staff from the Building and Planning Services Departments to review window replacement. Wrapping the wood window trim in aluminum, which requires a building permit and therefore Commission review, was not mentioned by the representatives of St. Mark's at this meeting with City staff. When St. Mark's was informed that they had started work without a permit, they sought informal feedback from the Commission regarding wrapping the wood window trim as well as the rafter tails in aluminum. At their November 17, 2005 meeting (minutes enclosed), the Commission noted that this work had not been granted an exception in the past and they did not anticipate doing so in the future, and that they were not in favor of wrapping wood window trim in aluminum. Staff noted that St. Mark's could file an application for a Certificate of Appropriateness for a formal Commission design review. At the December 15, 2005 Commission meeting (minutes enclosed), representatives of St. Mark's asked for an informal review of a modified proposal to wrap only the flat panels of the wood window trim. The consensus of the Commission was that they would not be in favor of wrapping the rafters and soffit in aluminum, and that St. Mark's needed to file a formal application for a Certificate of Appropriateness for the Commission to consider. At the March 16, 2006 Commission meeting (minutes enclosed), an application for a Certificate of Appropriateness to wrap wood window trim in aluminum was presented by representatives of St. Mark's. The HPC discussed the proposal, expressed their concerns with negative impacts to the long term maintenance of the wood, inconsistency with Commission standards, and setting a poor precedent if approved. The request was unanimously denied by the Commission. Commission Action According to Chapter 25, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and the Historic Preservation Ordinance (this chapter), and whether the Commission's action was patently arbitrary or capricious. 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. Chapter 25 states that after designation of a landmark, landmark site or historic district by the City Council, any proposed alteration or activity which will affect a landmark, landmark site or structure or site within any historic district, and for which a regulated permit or site plan approval is required, shall be reviewed by the Commission. S1. Mark's, 391 W. 1ih Street -- Appeal of HPC Action page 3 Chapter 25 sets out the following Standards for Review for the Commission: a) The Commission shall consider each design review on the merits of the individual case, with due deliberation given to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous alteration, use of original materials and quality of design of the existing structure or site. Commission approval of a particular type of alteration or activity shall not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. b) The Secretary Of Interior's "Standards And Guidelines For Archaeology And Historic Preservation", the Secretary of Interior's "Standards And Guidelines For The Treatment Of Historic Properties", and the Secretary Of The Interior's "Standards For Rehabilitation And Guidelines For Rehabilitating Historic Buildings",codified as 36 CFR 68, as amended, shall provide the guidelines by which the Commission shall review an application for a Certificate of Appropriateness or Certificate of Economic Nonviability, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior shall be adopted by the Commission. c) The Commission shall also be guided by the "Architectural Guidelines For Historic Structures in the Historic Districts of the City of Dubuque, Iowa"; the "Streetscape And Landscape Guidelines for the Historic Districts of the City of Dubuque, Iowa"; and any design standards specified in the ordinance or amendment designating the landmark, landmark site or historic district. Conclusion After review of the appeal letter and the Commission record, it is the conclusion of both the Planning Services Department and the Legal Department that the denial by the Commission appears to be consistent with the Historic Preservation Ordinance. The Planning Services Department further concludes that the Commission has exercised its powers and followed the guidelines established by law and the Historic Preservation Ordinance, and that the Commission's action was not patently arbitrary or capricious. The Commission considered the request in accordance with the Standards for Review set forth in the ordinance, and reached a decision consistent with its past actions on similar requests. Enclosures cc David Stuart, Chairperson, Historic Preservation Commission Angela Petsche, President Board of Trustees, S1. Mark's Community Center Tim O'Brien, Assistant City Attorney F:IUSERSlLCARSTENl\NPICOUNCIUSt. Mark's AppeaIlSt mark's appeal memo.doc , N\ayk Conz7nu/zzry \\'\t L~ S () ~........ 120 I Locust Street Dubuque, Iowa 52001-4709 Phone 563-582-6211 FAX 563-582-0220 E-mail smccdbq(ii)vahoo.com Web Site: smccdbq.org Sister Inez (Director) 563-582-6211 Programs 563-582-5655 Kids Connection 563-542-2674 TIDNK Together 563-542-6179 May 23, 2006 Mayor Roy Buol and Dubuque City Council Dubuque, Iowa RE: Maintenance of St. Mark Community Center Buildings Dear Mayor Buol and Members ofthe Dubuque City Council: St. Mark Community Center is housed in two 95-year-old buildings at 1201 Locust St. & 39i W 12 Street in historic downtown Dubuque. The center serves more than 260 low-income, elementary-age children daily from the downtown and north-end districts of Dubuque. We have 40 different programs which include our before and after-school programs, summer school sessions, parenting classes, Family Literacy classes, fine art classes and many other programs. Tbe center also hosts a Head Start Program site, and the facility is used for many community meetings and activities. Our programs are offered free to the families we work with because these are the parents struggling to give their children the bare necessities of life and don't have money for extras. We believe that all children should have the same opportunities so we gladly go out each year and try to raise the $385,000 that we need to continue doing what we are now doing. We partner with approximately 85 different organizations so as not to duplicate services, including the City of Dubuque, the Dubuque public and parochial school systems, and the Iowa and federal Departments of Education. Our volunteer board of directors is drawn from all parts of the community. We are an Iowa 501 (c) 3 non-profit corporation. We are committed to remaining in downtown Dubuque. However, old, historic buildings such as ours pose difficult problems when it comes to maintenance. In particular, our windows and frames leak air and water, leading to structural problems, peeling paint and increased heating and cooling costs. We are currently conducting a $375,000 capital campaign to address these and other needs. Prior to starting our capital campaign, members of our board of directors and staff met informally with members of the Historic Preservation Commission (David), City staff (Wally) and Eagle Windows & Doors (Rick) to discuss these structural problems and ascertain how they might be remedied within the guidelines of the historical district and what kind of windows would be allowable. Executive Director - Sr. Inez Turnmeyer, OSF Trustees: Karen Chadwick. Doug Fisher. Dick Landis. Marvin O'Hare Angela Petsche. John Petsetski . Janet Quick. Kim Roddick Mike Sisler. Chris Theiseu . Suzanne Wright "" We then obtained estimates, launched the capital campaign, and started to work. Unfortunately, after considerable work had been completed on the windows in the office building (former parsonage), we were told by other members of the Commission that our plan to wrap the window frames in aluminum did not in fact comply with the Historical Commission's guidelines. (As a result, of that prior meeting, both SMCC and Eagle Windows and Doors thought we were within our limits to do so.) Consequently, we have stopped working on these windows but would like to complete the job so we are coming to you to get permission. Do drive by our building and see what we have done (and have stopped) - I am sure you will agree it looks nice and as far as we are concerned, we are just asking to finish what we started. Our board, on the advice of our Buildings and Grounds Committee, believes that the best long-term solution for maintaining these windows is to wrap them in aluminum to make them maintenance-free. This will relieve us of the expense of periodically scraping and painting the wooden frames, and will preserve the wood substructure for a longer period. In this way, we will be able to use our limited funds to provide programs for Dubuque's underserved downtown children and families, rather than recurring maintenance. We are sure that you can understand that we cannot keep going back to the general public to ask for money to do something that we have already done in repairs on our buildings. We have met three times with the Historic Preservation Commission, and now respectfully request the Dubuque City Council at your June 5, 2006 to give us permission to finish wrapping our windows in aluminum. We will abide by the Commission's decision to paint or varnish the soffit on our buildings but the windows are a problem we don't want to continue to deal with. We want to stress that we are not a historical building, so we hope the Historic Preservation Commission's guidelines do not apply to us and that we can find some solution to do the work on our building that is necessary and stay within our budget! We see other windows in our neighborhood that have been wrapped recently and wonder why they can do it and not us. We have always been fiscally responsible for the money given to us and we want to continue to do so. Wrapping windows seems to be our best solution and one we can afford. Thank you for your consideration of our request. Sincerely, A~elCl petscVte Angela Petsche, President Board of Trustees Mike Sisler, John Pesetski, Derl Wuertzer, Dick Landis & Chris Theisen, Buildings & Grounds Committee ~ l'IanI1In8- Departmont C1ty HaD 50 _13th Street Dubuque. Iowa 52llOl_ (563) 589-4210 oIlIce (563) 589-4221 fax (S63) 6'JO.<<mI TDD pIamdngOdtyo(dubuque.mg HISTORIC PRESERVATION COIUlUISSION CERTIFICATE OF APPROPRIATENESS NOnCE OF DECISION - Denied '--' THE CITY OF . /' DUBL~L~~ ~~~ APPLICANT: LOCATION: Dick LandislSt. Mark Community Center 391 W.12th Street DISTRICT: Jackson Park DATE OF PUBLIC IIEETINGlDECISION: March 16. 2006 The Historic Preservation Commission of the City of Dubuque. Iow8 hereby renders and gives notice of Its decision on the above-captioned apprlC8tion in conformance with Chapter 25 of the City Code. APPLICATION: The applicant Beehs to wrap wood window trim with aluminum. PUBLIC MEETING: After notice. as l'8quired by law. a pubrlC Maatillg was held on March 16. 2006. Minutes of the meeting and copies of mat8riaI8 submitted in evidence 819 on file in the Oftlce of Planning Services, City Hall. Dubuque. Iowa. RNDlNGS: Based on the specific information prellnted at the PublIc Meelhlg and contained in the application. and in accordance with the applicable standards in the Historic Preservation Ordinance. the Commiasion makes the following findings: 1) The propOBed allBration or activlty does not comply with the So...WIiy of the Interior's standards for Rehabilitation and Guidelines for Rehabilitating Historic Properties; or 2) The propelBId aIIIbt.1ioo or activlty does not comply with the standards for review set forth in Chap1er 25 of the Code of Ordinances of the City of Dubuque, Iowa; and 3) That .....Illly. changing, destroying or .....a the exterior 8fdIil8ctural features of the structure, impl'Oll8l'l18l1t, or aile upon which the work is to be done wiD have a substantiaJ or advenIe efI'ect on the historic s_lIh", or the al JUl8tic, historic. and/or archlt8ctural significance and value of either the property It8eIf or of neighboring irnplO\o'8lTl8llta. - ...... InIoplty ~ - - Historic Preservation Commission Notice of DecisIon Page 2 DECISION: By 8 vote of 5 to 0, _ indicaled in the minulBs, the Historic Preservation Commlsaion denies the 18queet. THEREFORE: Purauant to Chapter 25 of the Code of Ordinances of the City of Dubuque, Iowa, the Commission hereby denle8 permission to the City of Dubuque and its deelgnat8d repre n,.1&6W1(s) to issue the regul8ted permit(s) l8quired to complete the proposed projed. Flied in the Oftice of the Planning Services Department on the 28th day of March. 2006. ~~ laura Carst8n8. Planning ServIces Manager Minutes - Historic Preservation Commission March 16, 2006 Page 3 Peter Doerschler explained that he and his wife purchased the house in July of 2005. He explained he was unaware of the violation for the front porch when he purchased the property. Staff Member Johnson presented the staff report. He explained that on May 15, 2003, the previous owners, Steve and Jamie Davis, received a Certificate of Appropriateness to construct a front porch with the conditions that the design of the front porch mimics the rear porch and to allow the use of 2" by 2" spindles for the railing. Staff Member Johnson stated on August 8, 2003. Mr. and Mrs. Davis received a building permit to construct the front porch and porch roof with the approved conditions. The front porch roof was not constructed in conformance with the approved conditions and the property owners were notified of the violation and required to address the issue. In the interim, the property was purchased by Peter and Lisa Doerschler in July of 2005. The new owners were notified of the violation and are requesting the front porch roof be allowed to remain as constructed. He stated the Jacobsen survey identifies the residence as a contributing structure to the district and the Kriviskey survey depicts the property as supportive. Chairperson Stuart explained the Secretary of Interior's Standards as they relate to the property and alterations. Mr. Doerschler stated he believes the residence originally never had a front porch roof. Commissioner Wand explained the front porch roof was added to eliminate water damage according to the previous owners. Commissioners noted the extended period of enforcement with no action taken, and asked staff to continue to work with Building Services staff to ensure HPC decisions are followed and enforcement is not delayed for several years like it was in this case. The Commission discussed that the Doerschlers inherited the mistakes of the previous property owner. Commissioner Olson stated because of the situation, she could not hold the current owner to the same standards and requirements as the previous owners. Chairperson stuart stated he would not normally allow the straight roof. Motion by Wand, seconded by Bichell to allow the front porch roof to remain as constructed with the understanding this is a unique circumstance. Motion carried by the following vote: Aye - Stuart, Olson, Wand, Bichell and Gibbs; Nay - None. DESIGN REVIEW: Application of Dick Landis/St. Mark Community Center for a Certificate of Appropriateness to wrap wood window trim with aluminum for the property located at 391 W. 12t1l Street in the Jackson Park Historic Preservation District. John Pesetski, Vice-Chair for the St. Mark Community Center Board, spoke on behalf of the community center. He explained the Community Center would like to wrap wood window trim with aluminum. Mr. Pesetski stated the work has already begun because Minutes - Historic Preservation Commission March 16, 2006 Page 4 they were unaware a building pennit was required for wrapping windows in Historic Districts. Staff Member Carstens explained the applicant has been before the Commission previously on two occasions to receive feedback about the proposed project. Referencing the minutes from November 17, 2005, she explained work was started on the windows without design review by the Commission. She stated there was a meeting between Planning and Building Services staff members and St. Mark's representatives prior to work on the community center; however, no mention was made by the applicants about wrapping windows in aluminum at that meeting. She noted that the only work discussed was for window replacement that was the same size, shape and material as the current windows. Commissioner Olson questioned the need to wrap the wood window trim. John Pesetski stated the wood is in poor condition. He explained it is a cost saving measure for the long tenn maintenance of the building. He stated aluminum trim would require less maintenance. Commissioner Olson felt wrapping the windows would only make them worse. She explained the aluminum wrap traps moisture and the wood will deteriorate faster than if it were painted and allowed to breathe. Chairperson Stuart added that paint on aluminum does not last any longer than paint on wood. Commissioner Wand stated he would prefer the applicant repair or replace the wood and repaint it to avoid rapid deterioretion of the trim. Chairperson Stuart suggested considering using a cement board material which would take paint well and last as long as aluminum until it needed painting. The Commission explained in the long run it is more cost and time effective to repair or replace the deteriorated wood and paint it. Commissioner Olson stated she does not believe the alteration would save money, use better materials or demonstrate consistency with Commission standards. She expressed concem that approving a Certificate of Appropriateness for the wrapping of windows could establish a poor precedent. The Commission discussed allowing the applicant to wrap those windows surrounded by brick only. Motion by Wand, seconded by Olson to allow the applicant to wrap those windows surrounded by brick only. Motion failed by the following vote: Aye - None; Nay- Stuart, Olson, Wand, Bichell and Gibbs. Motion by Olson, seconded by Wand to allow the applicant to wrap the windows in the donner and those areas not enclosed by brick. Motion failed by the following vote: Aye - None; Nay - Stuart, Olson, Wand, Bichel! and Gibbs. ITEMS FROM C0fJ8MISSION: Historic Preservation Desion Review ADDlication Packets: Commissioner Olson expressed concem about the quality of design review applications received as of late. The i5ffB~ ~<k~ Cty of Dubuque Planning Services Department Dubuque, IA 52001..01864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OCondltlonal Use Pemit CJAppeaI OSpedal ExceptIon OUmted Setback Waiver ORezonlng OPlanned District OPrelimlnary Plat OMlnor FInal Plat []Text Amendment OSlmple Site Plan OMlnor SIte Plan o Major SIte Plan o Major Final Plat OSlmple Subdivision OAnnexatlon []Temporary Use Permit DQ;tffIcate of Economic. Nort-Vlablllty [!I(:ertIftcate of ApproprIateness []Other: PI--ll tvDe or DI'Int lealblv In Ink _~,), ~~-~ -''''-6<J-''~'' Mdress: ~tt, uJ,~ I J.'" $7: aty: State~ Zip: 52 (1f) / Fax Number: MobIle/Cellular Number: Applicant/Agent: V icJ:.. t A1\J'b 1$ Address: 1ItA' aty: Phone: S!;h- t/-os1 State: _ Zip: Fax Number: MobIle/Cellular Number: SIte locatIon/address: 3'i1 Wc.~t- L2.11\ Stlte...+ ( ~r. M~~..f) d fA ~.cIc."'" ExIstIng zoning: 0 R Proposed zoning: ..1J4lL- Historic Dlsb1ct: ol:l,/C- Landmark: U Legal Desaiptlon (SIdwell parcel ID# or lot number/blOCk number/subdivision): 10. 2.'1. 't J ~. b6, Total property (lot) area (square feet or acres): Desaibe ~I and reason nec::essa~attach a letter of explanation, If needed): _70~ I~ ..,0.;,,[ fr-.~ w...fft. ........"'''"""''' CERTIFICATION: I!we, the undersigned, do hereby certify that: 1. The information submltled herein Is tnJe and CXJITect to the best of my/our knowledge and upon submittal becomes public reccrd; 2. Fees are not refundable and payment does not guarantee approval; and 3. All adcItlonal required written and graphic materials are attached. Property OWner(s~ . Applicant/Agent: O"'.&.~J Date: Date: l-I/.~ .11. ---e~-=.~ Fee: JJ!.f4-- ReceIved by: -"'< Date:!' '!...(J1o Docket: OSlte/sketch plan 0 eo. lopment Plan OPhotD OPlat OImprovement plans ODeslgn review proJed: desalptlon OFloor plan OOther: DESCRIPTION OF PROPOSED PROJECT (use additional pages as needed) Please describe your project, indicating the existing materials and their condition and the reason for the proposed work: . ~ ' /I _ . ~(.~~~~~~~. Have you considered any other alternative remedies to solve your prob- lem or m~ur needs? ~Iease inAi=:::: construction materials to be used in this pro- Ject: . What is YO=ine for completion of the proposed project? Will you do the w.slrk y~urself, or use a contractor? Please provide name of contractor. COlA;/'/IL~ , Any other information or comments? DESIGN REVIEW CHECKLIST The following information will assist the Historic Preservation Commission in understanding your pr0- posed project. You are urged to bring any other items or information that would help describe what your project will look like and how It will impact the existing &tructure and/or the neighborhood. . DeilcriPtionof Ptopolled Project works~'llnclude In this packet): .. '.' . . Photograph of the existing structure showing location of the proposed project. . Sample of materials to be used in the proposed project If not typical wood. . Plan and sketch of tha proposed project giving complete dimensions and location on the prop- erty. . If project is a new sign, please include actual design and colors to be used on sign face. THANK yOU. TheBe items will be extremely useful for the design review process. DESIGN REVIEW STAFF REPORT Meeting Date: February 16, 2006 Property Add.....: 391 W. 12111 Street Property Owner: St. Mark Community Center Applicant Project Dick Landis To wrap wood window trim with aluminum. Historic Preservation District Jackson Park Style: Traditional early 20th Century Bungalow Landmark: No Funding: No Date Built Circa 1915 Present Land Use: Community Center Level of ~Ianlflcance: o Supportive (Krivinskey 1979) o Contributing (Jacobsen 2004) existing Zoning: OR Office Residential Level of Rehabilitation: o Alteration/Addition Physical Characteristics: The structure is a 1.5-story side gabled brick bungalow. There is a front dormer with a shed roof. The building has a single story porch on the southwest comer with stone coping, balustrade, and side steps and concrete sills. The trim and cornices are made of limestone. The roof is made of a synthetic slate product called Supradur. Modifications/Additions: Composition roof to synthetic slate roof. Property History: Permits note re-roofing in 1947 and 1972. In May 1995, the St. Mark's Community Center replaced the composition roof located on the structure with a synthetic slate roofing material. Staff Analysis: The applicant is seeking Historic Preservation Commission approval for a Certifrcate of Appropriateness to wrap wood window trim with aluminum. The applicant has been before the Historic Preservation Commission to receive feedback regarding the proposed alteration. Photographs of the property and minutes from the November and December 2005 Historic Preservation Commission meetings are attached. Conformance with Guidelines: Please refer to Windows on pages A-38 and A-39 of the Architectural Guidelines for additional information. Prepared by: ~ - Reviewed:~~ Date: a-g-O{:. Minutes - Historic Preservation Commission November17,2005 Page 2 she agreed to use a pigment stain. Chairperson Stuart explained painting or staining the deck will help it blend in with the surrounding character and will make the deck last longer. Motion by Whalen, seconded by Stuart to approve the application with the following conditions: 1) to replace and repair the brick; 2) no shed roof replacement; and 3) porch will be pigment stained. Motion approved by the following vote: Aye - Whalen, Loney-Bichell, Wand, Gibbs, and Stuart; Nay - None. ~ Application of City of DubuqueIFour Mounds Foundation for a Historic District Public Improvement Program Application to install signage for property located at 4900 Peru Road in the Four Mounds Estata Historic District (City Landmark Site). Jay Potter represented the Four Mounds Foundation. Mr. Potter addressed the size and location of the proposed sign. He explained the sign will be spot lighted and located along the rock wall at the entrance to Four Mounds. Staff Member Johnson gave a brief overview of the property and explained the applicants had been previously approved for $6,000 from the Historic Public Improvement Program for the purchase and installation of directional signs and a kiosk sign. Four Mounds is now requesting an additional $2,094 to install a 15 foot wide commemorative sign installed along the limestone wall located at the main entrance. Mr. Johnson added the Historic Public Improvement Program currently has a balance of nearly $45,000 available. Motion by Gibbs, seconded by Whalen to approve the design of the commemorative sign and additional Historic District Public Improvement Program funds. Motion approved by the following vote: Aye - Whalen, Loney-Bichell, Wand, Gibbs, and Stuart; Nay - None. ITEMS FROM PUBLIC: Sl Mark's CommunitY Center: Staff Member Wemimont explained representatives from St. Mark's Community Center were before the Commission to obtain feedback with regard to work started at the Community Center. He stated the Community Center has begun to wrap the wood elements around the windows of the building. He further explained the representatives wanted feedback about the potential to wrap the rafter tails of the building and replace them with soffit and fascia. Mike Sisler, member of the Buildings and Grounds Committee for St. Mark's explained they were unaware building permits were required for windows in Historic Districts and therefore did not obtain one. He further explained they were unaware their building was a historic building. Staff Member Carstens stated the building is located within a Historic District and is identified as a contributing structure. Staff Member Wernimont noted that he and a staff member from the Building services Department had met with Mr. Sisler and others from the Building and Grounds Committee for St. Minutes - Historic Preservation Commission November 17, 2005 Page 3 Mark's. He noted that wrapping windows in aluminum was not mentioned by the St. Mark's representatives, only window replacement. Commissioners Whalen and Gibbs both agreed the request was not an exception the Commission has approved in the past or would anticipate doing so in the future. The Commission Members comments were unfavorable towards the existing and proposed work on the structure. Staff Member Carstens explained considerations for a Certificate of Appropriateness are made on a case by case basis. Staff Member Wemimont explained the St. Mark's Community Center was entitled to submit an application for a Certificate of Appropriateness to allow the proposed work. Creation of Brewerv Neighborhood Conservation District: Staff Member Carstens explained she was contacted by John Gronen, a developer who specializes in adaptive reuse structures, about the process of establishing a Conservation District for threatened buildings located at the intersection of Jackson street and East 30th Street. Mr. Gronen requested a letter of support for the creation of a Conservation District from the Historic Preservation Commission. Chairperson Stuart and Commissioner Wand stated they toured the H & W building Saturday, November 12th. Chairperson Stuart said he was asked by a City Council member if a conservation district of this size is .spot zoning", and asked that City staff clarify this issue with Legal staff by the time of the City Council meeting. Chairperson Stuart explained the property is already eligible for nomination on the National Register of Historic Places because it was previously on the National Register. He stated the only reason it is not at this time is because a previous owner had it removed from the list. The Commission recognized the strong historical importance of the structures to the City of Dubuque and North End Neighborhood. The Commission recommended a letter be drafted supporting the creation of the Brewery Neighborhood Conservation District. Motion by Whalen, seconded by Wand to forward a letter to the City Council supporting the creation of the Brewery Neighborhood Conservation District and forward an Ordinance approving the creation of the Brewery Neighborhood Conservation District. Motion approved by the following vote: Aye - Whalen, Loney-Bichell, Wand, Gibbs, and Stuart; Nay - None. ~ Buildina Services DeDt. Status Reoort on Historic Preservation Enforcement: Staff Member Wemimont stated the property owner of 1349 Prairie Street had applied stucco in an attempt to repair the structure and rectify the violation. but the stucco has since fallen off. He explained the Building Services Manager, Rich Russell, is adhering to the deadline date of December 15, 2005 for the repairs to be done. Staff Member Wemimont informed the Commission that a concemed neighbor had called about construction at 970 Olive Street. Staff Member Wemimont explained it appeared the property owner installed double-hung windows and applied stucco. He stated he sent a letter to the Minutes - Historic Preservation Commission December 15, 2005 Page 3 Motion by Stuart, seconded by Olson to approve a Certificate of Appropriateness to allow the double-hung window and stucco provided the stucco be painted. Motion approved by the following vote: Aye - Stuart, Olson, Coty, Bichell, Wand, and Gibbs; Nay - None. NOTE: Commissioner Coty left the meeting at 5:40 p.m. ITEMS FRQM PUBLIC: V~itina Nurses Association: Nan Collin, Executive Director for the Visiting Nurses Association, requested feedback from the Historic Preservation Commission regarding the potential demolition of the attached garages on the VISiting Nurses Association building located at 1454 Iowa Street. Ms. Collin explained the Visiting Nurses Association Board is in the process of planning for the use of the building. She stated the Board would like to explore the possibility of demolishing the attached garages to provide additional paltdng for employees. She stated additional on-site parking would provide a safer environment for employees. She questioned the possibility of removing the south garage and replacing it with matching yellow brick. The Commission recognized the garages were original to the structure. Commissioner Olson stated the garage is visible from the street and neighboring church. Chairperson Stuart stated the garages are character-defining features and would affect the viability of the building. Because of the visibility of the south garage and the fact it is original to the structure, the consensus of the Commission was that they could not support the removal of the south garage. Ms. Collin questioned the potential to remove the attached garage on the east side of the building. She stated the garage on the east side of the building is not visible from Iowa Street and faces the alley. The Commission stated it would be less objectionable to remove the east garage because it does not alter the primary facade; however, they again recognized the garage is a character-defining feature and original to the structure. The Commission consensus was that they would not be in favor of the removal of the east garage. Chairperson Stuart questioned the need to remove the one or both garages. Commissioner Olson questioned whether the removal of the attached garages would be a solution to the problem. Commissioner Olson specifically questioned how providing parking along an alley in the back of a building would be a safer alternative to parking in the street. St. ~rk's CommunitY Cen~r. Mike Sisler, speaking on behalf of St. Mark's Community Church, requested to make a different proposal in lieu of the Commissioners' comments from the November 17, 2005 meeting. He proposed to only wrap the flat panels which surround the windows on the rectory. Chairperson Stuart stated he would find that less objectionable since the profile of the window is not being altered. The consensus of the other Commissioners was that they would not be favorable to wrapping the rafters and soffit because they are character-defining features. Chairperson Stuart stated St. Mark's will need to file a formal application for a Certificate of Appropriateness for the Commission Minutes - Historic Preservation Commission December 15, 2005 Page 4 to consider. Staff Member Carstens added they will also be required to obtain a building permit. 11EMI FROM COMM~ION: OefioitionlDetermination of Bliaht: Staff Member Carstens referenced her memo addressed to Tim O'Brien, Assistant City Attomey. She explained she spoke first with Mr. O'Brien prior to drafting the memo and he agreed to look into the matter. In response to a question from Chairperson Stuart, Staff Member Carstens stated they may have a definition by the Historic Preservation Commission's Planning Session scheduled in February. Bric;k Sidewalks in Historic Districts: The Historic Preservation Commission reviewed their request to the City Manager and Engineering Staff to complete an in depth review of sidewalk standards. Chairperson Stuart stated he continues to review industry information regarding brick sidewalks and pavers. He stated based on the information he has reviewed he believes brick and segmented pavers will be allowed in the future. Staff ReDOrts: Commissioner Olson requested staff reports incorporate photos of the front fa98de regardless of where the proposed woltt is to be done. She explained it would help the Commission to identify the building and the proposed work to be done prior to the scheduled meeting date. Character Oefinina Features: Commissioner Olson requested the Commission consider what constitutes the alteration of a character defining feature at the February Planning Session. ITEMS FRQ.M STAFF: IMldina Services Oeot. Status Reoort on His~ Preservation El)forcement: The Commission discussed the property located at 1358 Locust Street. Staff Member Wemimont stated the property owner had contacted him in response to the letter sent by Building Services Manager Rich Russell. Staff Member Wernimont explained the property owner will make the approved changes to the handrail. The Commission discussed the property at 560 Jefferson Street. They felt the issues had been appropriately addressed at the current meeting, since the property owner will be required to get a building permit and paint the stucco. Staff Member Wernimont addressed the property located at 1589 Bluff Street. He stated Building Services Manager Rich Russell contacted the property owner to determine his progress with selling the property and sent a letter to that effect. Staff Member Johnson stated he followed up with Rich Russell regarding the property owner's intentions, and Mr. Russell explained that the property owner, Mr. Kunkle, still intends to sell the property. 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