|
|
|
|
Lawrence historic resources Commission
Agenda Meeting october 15, 2015 6:30 pM
Action summary
Commissioners present: Bailey, Buchanan-Young, Foster, Fry, Hernly
Staff present: Cargill, Simmons, Zollner
ITEM NO. 1: CoMMUNICATIONS
A. There were no communications from other commissions, State Historic Preservation Officer, or the general public.
B. No ex-parte communications were disclosed.
C. Commissioner Hernly declared his abstentions from Item 4 and Item 9.
ITEM NO. 2: Consent agenda
A. August 20, 2015 and September 17, 2015 Action Summaries
B. Administrative Approvals
1. DR-15-00324 737 New Hampshire Street; Sidewalk Dining; State Law Review and Downtown Design Guidelines Review
2. DR-15-00420 7 E 7th Street; Commercial Remodel; State Law Review
3. DR-15-00431 2301 Massachusetts Street; Inflow/Infiltration Abatement Permit; State Law Review
4. DR-15-00435 707 Tennessee Street; Electrical Permit; State Law Review
5. DR-15-00446 728 Indiana Street; Residential Plumbing Permit; State Law Review
6. DR-15-00447 846 Pennsylvania Street; Commercial Remodel; State Law Review and Design Guidelines 8th and Penn Redevelopment Zone Review
7. DR-15-00465 307 E 8th Street; Mechanical Permit; State Law Review
ACTION TAKEN
Motioned by Commissioner Hernly, seconded by Commissioner Fry, to approve the Consent Agenda and defer the September 17, 2015 Action Summary.
Unanimously approved 5-0.
ITEM NO. 3: L-15-00429 Public hearing for consideration of placing the structures located at 304 and 302 Indiana Street, the Zimmerman House, on the Lawrence Register of Historic Places. Adopt Resolution 2015-13, if appropriate. Submitted by Michael and Margaret Shaw, the property owners of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
ACTION TAKEN
Motioned by Commissioner Bailey, seconded by Commissioner Hernly, to recommend placing the structures at 304 and 302 Indiana Street on the Lawrence Register of Historic Places, to adopt Resolution 2015-13, adopt the environs definition, and direct staff to prepare a report to accompany said resolution.
Unanimously approved 5-0.
ITEM NO. 4: DR-15-00419 637 Tennessee Street; New Carport; State Law Review and Certificate of Appropriateness. The property is a contributing structure to the Old West Lawrence Historic District, National Register of Historic Places. The property is also located in the environs of the Henry Martin House, 627 Ohio Street. Submitted by Tony Backus for Alan Terry and Lydia Diebolt, the property owners of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
APPLICANT PRESENTATION
Mr. Alan Terry, property owner, said he purchased the home in February. He mentioned that staff has no issue with some extra parking space behind the house, which he was delighted to hear because Tennessee Street is difficult to park on. He said the garage is technically for two cars but only fits one. He showed photos on the overhead and further explained the project. He said they’d really like some covered parking for their vehicles and to keep firewood dry. He said he has observed 13 existing covered parking structures in the immediate area.
Mr. Tony Backus said the owner suggested a design that mimics the pergola to be more compatible with the property. He explained that there used to be a garage in the proposed location, and it would be appropriate to replace it, but the applicant would prefer the proposed design. He said they are open to other designs if suggested by staff.
PUBLIC COMMENT
Mr. Dennis Brown, LPA, said his comments regard the State Law Review. They believe the proposal is not a consistent form for the neighborhood, particularly for a contributing property.
COMMISSION DISCUSSION
Commissioner Bailey asked staff if there are many carports in the area.
Ms. Zollner said the area the applicant is referring to is outside the listed historic district. She explained that there are carports that haven’t gone through the review process.
Commissioner Bailey asked if the carports listed in the staff report are the only ones identified by staff.
Ms. Zollner said those are the structures found in the database.
Commissioner Buchanan-Young asked if the new structure is in fact for two vehicles.
Mr. Terry said it’s wide enough for two cars. He mentioned he also has pictures of the carports he was referring to.
Commissioner Fry asked if the walls they plan to use are already in place.
Mr. Terry said the wall of the pergola is there. He said his comment about the wall on the north side will be part of a workshop currently under construction by his neighbor.
Commissioner Foster said he appreciates the property owner’s arguments but echoed concerns outlined in the staff report.
Commissioner Bailey said the Certificate of Appropriateness review passes, in his opinion. Although the applicant’s arguments are compelling, he does have reservations regarding the property’s status as a contributing structure in the historic district.
Ms. Zollner suggested they could discuss carports not previously reviewed by the Historic Resources Commission (HRC), or they could direct staff to come back with general ideas about accessory structures in listed historic districts. She said typically, they see detached garages on the alley.
Commissioner Buchanan-Young said she would like more information about garage size and how other projects are accommodating the need for more/larger vehicles.
Commissioner Foster said they’ve seen some considerably large accessory structures.
Commissioner Buchanan-Young said she’d like to defer based on the State Law Review.
Commissioner Fry agreed.
Commissioner Bailey said it would also be interesting to look at other historic districts to review the financial impact of constructing a full detached garage versus covered parking.
Ms. Zollner said she’s not sure she can obtain financial information, but asked for more specific direction as to the location for review.
Commissioner Bailey suggested staff review what is most acceptable- historic districts in the Midwest or just in Kansas.
Commissioner Foster felt a review of historic districts in Lawrence would be sufficient.
Commissioner Buchanan-Young said they could expand the range to other districts with similar architectural styles and period of significance.
Ms. Zollner asked if the comparison should be to Old West Lawrence.
Commissioner Buchanan-Young confirmed that the comparison should be to Old West Lawrence.
Ms. Zollner said she could try to complete a memo by next month but encouraged commissioners to discuss timeline with the applicant.
Commissioner Foster explained that they can either deny or defer the project and explained the ramifications of each.
Mr. Terry said he’d prefer to defer the project.
Commissioner Foster asked if two months would be too long.
Mr. Terry indicated two months would be ok.
Mr. Backus asked if they have the option to work with staff on a more appropriate design as mentioned in the staff report.
Commissioners explained that the Certificate of Appropriateness was approved, and the language Mr. Backus is referring to regards details of the Site Plan.
ACTION TAKEN
Motioned by Commissioner Bailey, seconded by Commissioner Buchanan, to approve the project based on the review for a Certificate of Appropriateness, with amendments 1-3 as recommended in the staff report.
Motioned carried 4-0-1.
Motioned by Commissioner Buchanan-Young, seconded by Commissioner Fry, to defer the project based on the requirements for State Law Review pending research by staff, until the December 17th meeting.
Motion carried 4-0-1.
ITEM NO. 5: DR-15-00421 631 Louisiana Street; Residential Addition; State Law Review and Certificate of Appropriateness. The property is a contributing structure to the Old West Lawrence Historic District, National Register of Historic Places. The property is also located in the environs of the Martin House (627 Ohio Street), Lawrence Register of Historic Places. Submitted by Mark Eldridge on behalf of himself and Deborah Pine, the property owners of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
No public comment
COMMISSION DISCUSSION
Commissioner Hernly asked what material is proposed for the window in the bathroom.
Ms. Zollner said glass block.
Commissioner Hernly said the siding and glass block seem incongruent with the porch and suggested not matching the lap siding to maintain a horizontal line and emphasize the porch.
Commissioner Foster said they could defer the project to the Architectural Review Committee (ARC) to finalize materials.
ACTION TAKEN
Motioned by Commissioner Hernly, seconded by Commissioner Bailey, to approve the project with conditions as recommended in the staff report and to direct the applicant to work with the ARC for finalization of design and materials.
Unanimously approved 5-0.
Motioned by Commissioner Hernly, seconded by Commissioner Buchanan-Young, to approve the project based on the review for a Certificate of Appropriateness.
Unanimously approved 5-0.
STAFF PRESENTATION
Ms. Zollner presented the item.
The applicant was not present for questioning.
PUBLIC COMMENT
Mr. Dennis Brown, LPA, said he joined LPA around the same time sidewalk dining applications began. He explained that within a few years, every eating establishment needed one. He warned commissioners of the danger of precedence. He said the current enclosures are small and of similar heights and attachments, but this proposal is a different animal and it will set a precedent.
Ms. Lindsay Crick, LPA, added that the arch is strongly inconsistent with Massachusetts Street in general, and agrees with the staff’s findings.
COMMISSION DISCUSSION
Commissioner Bailey agrees with the concern of precedence, and doesn’t feel that changing code standards to fit this project would be appropriate.
Commissioner Hernly asked if the design element would be out of character with downtown if the arch was flush with the façade. He agreed that the proposed placement of the arch is not a good idea.
Commissioner Foster said it’s a pretty contemporary building and he can’t see how the arch might attach. He agreed that approval of the project would be a slippery slope. He said the sign for the property is unusually large but was allowed based on the tall architecture of the building.
Commissioner Buchanan-Young feels the railing meets their intent to resemble the French Quarter, but feels they should undoubtedly avoid things that change the character of Downtown.
Ms. Zollner suggested they could defer the item since the applicant isn’t present to answer questions.
Commissioner Foster said they have a communication from the applicant which outlines their thoughts regarding staff denial of the application.
Commissioner Bailey asked if the applicant intended to be present and wasn’t able to make it.
Ms. Zollner said she has had no communication with the applicant since staff sent the letter of denial and received the appeal.
ACTION TAKEN
Motioned by Commissioner Buchanan-Young, seconded by Commissioner Fry, to deny the project based on recommendations in the staff report.
Unanimously approved 5-0.
ITEM NO. 7: DR-15-00450 644 Mississippi Street; Garage Demolition; Certificate of Appropriateness. The property is located in the environs of the John Robert Greenlees House at 714 Mississippi Street, Lawrence Register of Historic Places. Submitted by Greg Rupp on behalf of himself and Jennifer Roth, the property owners of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
Commissioner Bailey asked if the third condition in the staff report would be required anyway for a Certificate of Appropriateness.
Ms. Zollner said yes. She said that condition is a way to make sure everyone is aware this is not an approval of the proposed accessory structure, only the demolition permit.
APPLICANT PRESENTATION
Mr. Greg Rupp, property owner, said the garage was in bad condition when they moved in a couple years ago. He understands they must come back with plans for a replacement structure.
Commissioner Buchanan-Young asked if the applicant is prepared to provide documentation of the existing accessory structure.
Mr. Rupp said they think it will be doable to provide photos and drawings with dimensions.
Commissioner Hernly suggested they might amend the third condition to clarify that construction of a new accessory structure is not required.
ACTION TAKEN
Motioned by Commissioner Bailey, seconded by Commissioner Hernly, to approve the Certificate of Appropriateness with conditions 1 and 2 as recommended in the staff report, as well as the following amended condition:
If a new accessory structure is proposed, the project will be submitted for review and approval by the HRC.
Unanimously approved 5-0
ITEM NO. 8: DR-15-00476 805 Ohio Street; Exterior Stair Railing; State Law Review and Certificate of Appropriateness. The property is listed as a contributing structure to the Old West Lawrence Historic District, National Register of Historic Places. The property is also a Landmark on the Lawrence Register of Historic Places. Submitted by Dan Riedemann for Ohio Street LLC, the property owner of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
APPLICANT PRESENTATION
Mr. Dan Riedemann, applicant, said he found several examples of properties with metal railings and showed numerous pictures on the overhead. He said he’d like to replace the railing with a Walt Hull railing. He explained the history of the property and condition and use of the structure. He showed examples of the railings he’s used in other properties that he proposes for this property, as well as other national landmarks with metal railings. He explained that wood railings don’t stand up well to the weather and must be replaced within 20 years. He said duplicating a historic railing also presents a code issue because they’re four inches wide, so they have to be altered anyway. He feel’s Walt’s designs will be very appropriate, will be safer and last longer.
Commissioner Foster asked if the applicant created the reconstructed wood railing.
Mr. Riedemann explained that there were no railings on the house from 1928-1993. When purchased in 1993, the concrete steps were removed and replaced and the railings were added. He said he would love to recreate the original railing, but with so many joints that invite moisture and damage by sun and temperature, it wouldn’t be worth it.
PUBLIC COMMENT
Ms. KT Walsh said when the State House was rehabilitated, they dealt with ADA requirements on the handrails and did a wonderful job mimicking the originals.
COMMISSION DISCUSSION
Commissioner Bailey asked if building permits are required for this type of construction.
Ms. Zollner said they don’t typically see permits for handrails.
Ms. Katherine Simmons said if the finished height of the rail is over 30 inches it would require a building permit.
Ms. Zollner said the project was brought to staff’s attention as a result of rental registration, but it would have come to the full HRC anyway due to the SUP requirements.
Commissioner Hernly asked if the porch is more than 30 inches tall.
They discussed the height of the risers and railing in terms of building code.
Ms. Simmons reiterated the applicant’s point that a historic replica would not meet code.
Commissioner Hernly asked about the building permit for the proposed project.
Ms. Simmons said she’s not sure they’re requiring a building permit.
Ms. Zollner said building code requirements are not in their purview.
Commissioner Hernly said he doesn’t think the HRC has ever reviewed stair handrails, and asked if staff had knowledge of any.
Ms. Zollner said some came through with building permits. She said there are ways to design railings so they meet ADA and are also compatible with the historic structure.
Commissioner Hernly said they saw other examples on historic properties that met ADA requirements.
Commissioner Buchanan-Young said a lot of those buildings have different standards because they’re open to the public.
Commissioner Hernly said you can design a railing that will do both.
Mr. Riedemann pointed out that he deliberately did not photograph homes that originally had concrete or brick casements on the sides for metal, and only photographed those that had to be converted from wood to metal railings.
Commissioner Fry said his struggle with the project is the property’s listed status. Given the history and photographs that document the historic railings, he said it’s difficult to get away from that.
Commissioner Foster mentioned the Special Use Permit (SUP) also creates additional obligations and issues. He said he appreciates the applicant’s arguments, but many of the other properties mentioned aren’t in the environs and aren’t listed.
Commissioner Bailey said he disagrees with staff on Criteria 1 & 2; specifically, he doesn’t see how this project fails to protect the historical integrity of the property. He said it seems extremely unfair due to its status as a rental property.
Commissioner Foster reminded him that the rental property/SUP was a prior decision made by someone else.
Commissioner Bailey agreed that was true, but he doesn’t feel the proposed project adversely affects the property. He said he would be inclined to approve the project.
Commissioner Hernly said visually, the thinness of the proposed rail is what’s holding him back from approving the request. He doesn’t feel a replacement needs to be a replica, but he suggested options that would be reasonable.
Commissioner Foster asked if the renovations were approved by HRC.
Ms. Zollner said yes.
Commissioner Foster pointed out that the previous railing was not a replica.
Ms. Zollner said the approval was based on size, scale, massing, and compatibility because it was new construction and not a replacement.
Commissioner Hernly suggested Mr. Hull could do a design that is beefier and similar in character to the porch rail and post.
Commissioner Foster said doing so would drive up the cost.
Commissioner Buchanan-Young said she would like to see the railing constructed of wood, for aesthetic and personal reasons. She mentioned that metal handrails get too cold in the winter and too hot in the summer.
Ms. Zollner said staff is trying to find a way to meet the applicant’s project goals as well as the standards. She said staff struggled because there are other options that incorporate wood and look historically appropriate but still contain an iron railing.
ACTION TAKEN
Motioned by Commissioner Bailey to approve the proposed project because it does not adversely affect the listed property based on State Law Review. There was no second.
Motioned by Commissioner Buchanan-Young, seconded by Commissioner Hernly, to deny the project based on State Law Review Guidelines 1, 2, 3, and 9 .
Motion carried 4-1.
Motioned by Commissioner Buchanan-Young, seconded by Commissioner Hernly, to deny the project based on Certificate of Appropriateness Guidelines 1, 2, 3, and 9.
Motion carried 4-1.
COMMISSION DISCUSSION
They discussed the option of allowing the applicant to work with the ARC.
Ms. Zollner suggested the most appropriate course of action is to direct staff to work with the applicant to find a design that meets the applicant’s goals as well as the Secretary of Interior Standards. She said if the Commission has options to suggest, it should refer those options to the ARC to review and approve or return to the HRC.
ACTION TAKEN
Motioned by Commissioner Foster, seconded by Commissioner Fry, to direct staff to work with the applicant on a design that meets the applicant’s goals as well as the Secretary of Interior Standards, and if the Commission has options to suggest, it should refer those options to the ARC to review and approve or return to the full HRC.
Motion carried 4-1.
ITEM NO. 9: DR-15-00416 1313 Rhode Island Street; Residential Addition; State Law Review. The property is a contributing structure to the South Rhode Island and New Hampshire Street Historic Residential District. Submitted by Mike Myers for Adam Mansfield and Anne Dotter, the property owners of record.
STAFF PRESENTATION
Ms. Zollner presented the item.
Commissioner Foster commented that staff compared this project to another project in the staff report, which is unique.
Ms. Zollner said there was a two story addition added to the front of a non-historic, non-contributing structure down the street which was compatible with the size, scale, or massing of the area. She said the project came before the HRC and actually added some historic form as an infill structure and was ultimately approved by the HRC.
Commissioner Buchanan-Young asked if they would have to change the status of their listing to non-contributing if the project is approved.
Ms. Zollner said it would typically require an amendment to the historic district nomination to change the status to non-contributing, and would most likely be initiated by staff, but yes it could affect the contributing status of the property.
Commissioner Buchanan-Young asked if they would also not qualify for tax credits if they chose to utilize those.
Ms. Zollner said confirmed they would no longer qualify.
Commissioner Foster said an approval would not automatically change the contributing status.
Ms. Zollner said that is correct.
Commissioner Bailey asked how staff is approaching the State Law Review.
Ms. Zollner said it’s interesting because it says anything in the district that requires a permit or license must be reviewed by the Secretary of Interior’s standards. She said the project would still require review if it was non-contributing. She mentioned that changes to a non-contributing structure are still important and might become better compatible with the neighborhood when the standards are applied.
APPLICANT PRESENTATION
Mr. Mike Myers, Hernly Architects, said he appreciates staff’s work on the project but disagrees with some of their interpretations, and feels the staff report is misleading and misguided. He showed photos of other historic properties with similar additions. He discussed details of the proposed project and described steps taken to minimize the impact of the addition on the historic structure.
Commissioners and the applicant discovered they were looking at different sets of plans, and argued about which plans reflect the proposal reviewed by staff.
Mr. Myers continued his presentation.
Mr. Adam Mansfield, property owner, said he and his wife moved in almost a decade ago, but now that they have two kids they need more space. He said they’ve watched the real estate market for homes that meet their needs to no avail, and the proposed addition is not something they’ve landed on lightly. He said a modest addition will make their home more functional without taking up their entire backyard.
No public comment
COMMISSION DISCUSSION
Commissioner Bailey asked if the standards say “highly visible”.
Ms. Zollner said she would need to review them to be sure.
Commissioner Foster asked why staff isn’t recommending approval contingent upon review and approval by the ARC.
Ms. Zollner said that’s certainly a possibility for the Commission. She said staff’s main concern is the request for a two story addition when they have the opportunity to do a one story addition. She said the addition is simply not compatible.
Commissioner Foster pointed out that a one story addition would eat into the backyard. He mentioned that the window placement and proportions are odd but standard when attempting to match. He feels any design issues could be addressed at ARC.
Commissioner Bailey said the new addition should differentiate from the historic structure and sometimes review comments contradict that. He said the grade helps minimize the height and argued that a one story addition still adds mass.
Commissioner Foster suggested the other examples Mr. Myers provided of similar additions seem like more sensitive solutions than the one proposed.
They discussed the height of the proposed addition.
Commissioner Fry said he’s comfortable with the proposal.
Commissioner Bailey said the window placement is somewhat odd but he would be comfortable sending minor tweaks to the ARC.
Commissioner Foster asked if the original eve line carry all the way to the back of the house.
Mr. Myers said said yes, and in fact that element was removed due to staff’s desire for a hyphen between the existing structure and the addition.
Mr. Myers mentioned that the window placement is due to the stairs and the result of working with such a small space. He suggested the windows could be modified but said the current placement and size was for safety and functionality.
Commissioner Foster asked if this is a contributing structure in a historic district.
Ms. Zollner said that’s correct.
Commissioner Buchanan-Young said the addition should be subordinate to the historic structure.
Commissioner Foster asked if they have considered a one story addition.
Mr. Mansfield said no, citing issues with the original plumbing that would make it hard or impossible to do so.
Commissioner Foster suggested things that might be accomplished at ARC.
Ms. Zollner said they would need to select an additional member for this specific project
ACTION TAKEN
Motioned by Commissioner Buchanan-Young, seconded by Commissioner Fry, to approve the project with the following amendments:
1. The applicant will work with the ARC to determine fenestration, roof, and materials. If the ARC and applicant cannot agree on a final design, the project will return to the Full Commission.
2. Final construction documents with material notations will be submitted for review and approval prior to the release of a building permit.
3. Any changes to the approved project will return to the HRC for review and approval prior to the commencement of the related work.
Unanimously approved 5-0.
Motioned by Commissioner Foster, seconded by Commissioner Bailey, to appoint Commissioner Buchanan-Young to the ARC for review of DR-15-00416 only.
Unanimously approved 5-0.
ITEM NO. 10: MISCELLANEOUS MATTERS
A. There was no comment on Board of Zoning Appeals applications received since September 17, 2015.
B. Review of any demolition permits received since the September 17, 2015 meeting.
Ms. Zollner said staff received a demolition permit that will be on the November agenda.
C. Architectural Review Committee approvals since September 17, 2015.
Ms. Zollner said they’re a little closer on the Eldridge project but not quite there.
D. General public comment.
E. Miscellaneous matters from City staff and Commission members.
Ms. Zollner deferred discussion regarding the Lawrence Register
Application Form to the November meeting.
Commissioner Hernly mentioned the Kansas Preservation
Conference went well and discussed highlights of the event.
ADJOURN 10:09 PM