HomeMy WebLinkAboutHistoric Preservation Commission - Minutes - 02/16/2022Historic Preservation Commission Page 1 [February 16, 2022]
Kurt Knierim, Chair This meeting was
Margo Carlock held remotely
Meg Dunn
Walter Dunn
Eric Guenther
Anne Nelsen
Jim Rose
Vacant Seat
Vacant Seat
Regular Meeting
February 16, 2022
Minutes
CALL TO ORDER
Chair Knierim called the meeting to order at 5:30 p.m.
ROLL CALL
PRESENT: Margo Carlock, Walter Dunn, Eric Guenther, Kurt Knierim, Anne Nelsen, Jim
Rose
ABSENT: Meg Dunn
STAFF: Maren Bzdek, Jim Bertolini, Claire Havelda, Aubrie Brennan
Chair Knierim read the following legal statement:
“We are holding a remote meeting today in light of the continuing prevalence of COVID-19
and for the sake of the health of the Commission, City Staff, applicants and the general public.
Our determination to hold this meeting remotely was made in compliance with City Council
Ordinance 79 2020.”
AGENDA REVIEW
Ms. Bzdek stated she will be providing a staff report on the Linden Street project
improvements prior to consideration of the Consent Agenda. There were no other changes
to the posted agenda.
CONSENT AGENDA REVIEW
Historic
Preservation
Commission
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Member Rose withdrew Item No. 2, 741 Lindenmeier Road – Single Family Demolition
Notification, from the Consent Agenda.
STAFF REPORTS ON ITEMS NOT ON THE AGENDA
Ms. Bzdek stated the phase two improvements on Linden Street have recently begun and
she provided a brief history of the project noting the Commission reviewed the full project
and provided a certificate of appropriateness in December of 2019. She discussed the
project to reconfigure Linden Street into a convertible street with parallel parking. She
stated the project should be complete by July of 2022 and pedestrian access is being
maintained during construction.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
CONSENT AGENDA
[Timestamp: 5:40 p.m.]
1. CONSIDERATION AND APPROVAL OF THE MINUTES OF JANUARY 19, 2022
The purpose of this item is to approve the minutes from the January 19, 2022 regular meeting
of the Historic Preservation Commission.
Member Rose moved that the Historic Preservation Commission approve the minutes
of the January 19, 2022 regular meeting as presented.
Member Carlock seconded. The motion passed 6-0.
[Timestamp: 5:43 p.m.]
DISCUSSION AGENDA
2. 741 LINDENMEIER RD – SINGLE-FAMILY DEMOLITION NOTIFICATION
The purpose of this item is to notify and inform residents of the possible demolition of a single
family property over 50 years of age and to identify potentially important historic, architectural,
and cultural resources, pursuant to Section 14-6 of Municipal Code.
Member Rose questioned whether there are alternatives to the immediate approval and
subsequent demolition. He stated the materials provided indicate the home has a significant
place in early Fort Collins history; however, he acknowledged the property is in derelict
condition without much chance for rehabilitation. He stated he would like the record to more
accurately reflect the status of the property as an historical artifact.
Mr. Bertolini stated there is no Code structure for mitigation and nothing that would require
that of the property owner. He stated demolition permits have yet to be requested and the
owner could be asked for additional site access for documentation purposes. He stated
securing funding for additional documentation could be an issue.
Member Rose stated he would like to see interior photo documentation if possible, but stated
he is not attempting to create undue hardship for the owner. Mr. Bertolini replied interior
photos are available.
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3. STAFF DESIGN REVIEW DECISIONS ON DESIGNATED PROPERTIES
Staff is tasked with reviewing projects and, in cases where the project can be approved without
submitting to the Historic Preservation Commission, with issuing a Certificate of
Appropriateness or a SHPO report under Chapter 14, Article IV of the City’s Municipal Code.
This item is a report of all such review decisions since the last regular meeting of the
Commission.
4. 1306 WEST MOUNTAIN AVENUE - FINAL DESIGN REVIEW
DESCRIPTION: This item is a final design review of the applicants’ project, to assess
how well it meets the Secretary of the Interior’s Standards for
Rehabilitation, and to issue, with or without conditions, or to deny, a
Certificate of Appropriateness. The applicant is proposing an addition
onto the rear elevation of the main building, demolition of a non-historic
accessory structure, and construction of a new garage building.
APPLICANT: Brian and Barbara Berkhausen (property owners), Alexandra Haggarty
(legal counsel)
Jeff Schneider, Armstead Construction (contractor)
(**Secretary’s Note: Member Guenther withdrew from the discussion of this item due to a
conflict of interest as he lives in the home adjacent to the subject property and has submitted
comments as a private citizen.)
Staff Report
Mr. Bertolini presented the staff report. He discussed the proposed project and noted the
homeowner opted not to make alterations to the proposed plan following the conceptual
review meeting in January. Mr. Bertolini outlined the role of the Commission as a decision
maker for this item and detailed the historic designation of the property.
Mr. Bertolini showed photos of the property, renderings of the proposed project, and discussed
the proposal. He outlined the staff analysis which indicates the project does not meet all
applicable rehabilitation standards, which he detailed. He noted the City is required to utilize
the Secretary of Interior standards as its basis for review because they are adopted in the
Municipal Code and having the design review based in those standards is a condition of a
federal certification for the City’s Historic Preservation program.
Mr. Bertolini outlined the public input received on the project and stated staff is recommending
the Commission approve two of the proposals, for the egress windows and for the demolition
of the non-historic garage and construction of the new two-car garage. He stated staff is
recommending denial of the proposed addition.
Applicant Presentation
Alexandra Haggarty, counsel for the applicant, stated the proposal provides a good balance
between historic preservation and promoting and encouraging the continued private
ownership and use of historic sites.
Brian Berkhausen, owner, discussed the history of his ownership of the property and detailed
the proposed project which would retain the front-facing elements of the home while providing
a rear addition to accommodate his needs moving forward. He stated the proposal retains
100% of the historic fabric of the house while making appropriate improvements that will
sustain and maintain the viability and livability of the home for the next century.
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Jeff Schneider, Armstead Construction, provided additional details on the proposal and
commented on the importance of preserving the open space on the lot between the home and
the accessory structures. He also noted aspects of the plan promote City climate-related
goals. He outlined the ways in which the proposal meets the applicable Secretary of Interior
standards, including noting the reversibility of the addition. He noted the project has received
signatures of support from several neighbors in the area.
Ms. Haggarty noted the Code does not clarify how many standards must be met, or to what
degree, in order to justify approval. She stated staff has found that eight of the ten standards
are fully met or not applicable, and the other two are partially met. Regarding standard two,
Ms. Haggarty stated the historic character of the property is retained and preserved with the
addition and the proposal fully complies with zoning and Land Use Code requirements.
Regarding standard nine, Ms. Haggarty stated the new addition is compatible with,
distinguishable from, and subordinate to the existing building. She also noted the applicant
will agree to a condition of approval that all landscaping remain in place and be replaced in
kind if damaged.
Ms. Haggarty discussed the ways in which the proposal meets other City goals while still
retaining the historic significance of the home.
Public Input
Michelle Haefele requested the Commission deny the proposed addition as historic resources
are irreplaceable. She suggested setback variances could be requested to ensure an addition
is not visible from the front of the property.
Laura Bailey, daughter of the previous homeowner, requested the Commission deny the
proposed addition as its designation should mean the City will protect the home from
significant changes in perpetuity. She also suggested the large front tree that will block the
proposed addition could not be adequately replaced if it dies and stated the house would not
have been designated if such an addition existed at the time. She commented on the number
of comments received in opposition to the proposal.
Gina Janett requested the Commission deny the addition and stated the house would not
have been designated if the addition existed at the time. She stated the proposed addition
would dramatically change the character of the home.
Kevin Cook discussed Mr. Bailey’s desire to have the house designated so as to ensure the
historic value of the structure would be preserved indefinitely. He questioned why the buyers
purchased the home with the knowledge of the designation and questioned what credibility
the Commission has if landmark status for a property is granted and then it becomes
reversible or modifiable with the next owner.
Loretta Bailey stated issues for the current owners could be easily solved without needing to
make an addition. She also expressed concern the large tree in the front could not be
adequately replaced if it dies.
Karen McWilliams, former Historic Preservation Manager, stated she worked with Mr. Bailey
to get this property designated and requested the Commission deny the proposed alterations
to the home as they do a disservice to the memory of Mr. Bailey and to all other owners who
have chosen to protect their homes through landmark designation. She commented on
historic preservation being a city-wide value recognized by Codes and Council policies. She
also disagreed with Ms. Haggarty stating all applicable standards must be met in order for this
type of alteration to be approved.
William Whitley requested the Commission deny the request for the addition stating the
current plan significantly weakens the City’s designation standards, calls into question the
City’s commitment to historic preservation, and sets a dangerous precedent.
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Shelly Terry requested the Commission deny the request for the addition stating it should
remain as it was when it was landmarked in order to represent history for future generations.
She commented on her experience landmarking her home and stated allowing this would set
a precedent.
Asma Henry opposed the proposed project and disagreed with comments by the applicant
team that the project promotes equitability and sustainability.
Frederick Snyder discussed his experience in landmarking his home and stated landmarking
properties is valuable for history. He questioned why buyers would purchase a landmarked
home if they wanted to change it.
Staff Rebuttal
Mr. Bertolini clarified the Code requirement in Chapter 14, Article 4 of the Municipal Code,
adopts the full set of standards, all of which need to be met or determined by staff to not be
applicable. Regarding precedent, Mr. Bertolini noted the Code clearly states decisions on one
property do not affect decisions on other properties.
Applicant Rebuttal
Ms. Haggarty reiterated the property is not on a state registry and the Code only calls for the
Commissioners to analyze the standards, not to analyze anything related to the City’s status
as a certified local government. She also reiterated the Code does not explicitly state how
many or how fully the standards must be met to approve an alteration and the applicant team
believes all are met. She also noted any decision would not set a precedent per Code and
stated this process exists to ensure that landmarked properties make changes in a reasonable
way, not so that they do not change at all.
(**Secretary’s Note: The Commission took a brief recess at this point in the meeting and all
five members were present upon returning.)
Commission Questions and Discussion
Member Nelsen requested clarification regarding the Secretary of Interior standards and City
Code provisions. Mr. Yatabe replied the Code states a proposal must meet the standards in
order to be approved and, if a proposal does not meet the standards, it is denied.
Member Nelsen asked if both chimneys are being retained in the proposal. Mr. Schneider
replied in the affirmative and stated both are brick down to the basement level, which will
remain.
Member Nelsen asked about the bump out to the east and if it was added to emphasize
standard nine. Mr. Schneider replied the design aimed to keep the simplistic rectangular
design while meeting the setbacks on the west side and meeting Land Use Code standards
related to differentiation. Additionally, the design aims to ensure the addition is differentiated.
He noted it is not uncommon for additions to occur on the side of a property to meet Code
requirements.
Member Nelsen asked about the possibility of hyphening. Mr. Schneider replied that was
considered; however, the design seemed to be a detriment to the existing structure.
Member Nelsen asked if retaining the open space on the lot is more important than the
massing as viewed from the front of the property. Mr. Schneider replied the design does not
disrespect the existing structure and the preservation of the open space on the lot is more
valuable than having the entire addition behind the home. He stated a narrow row house
design would not be aesthetically pleasing and would require a number of Land Use Code
variances. Mr. Berkhausen noted they are attempting to create a livable floor plan.
Commission Deliberation
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Chair Knierim suggested limiting the discussion to the standards in question, particularly two
and nine.
Member Nelsen questioned whether the treatment of the addition is substantial enough that
standard three would not apply. Member Carlock suggested that standard may not apply as
the proposal does not attempt to add anything that one would perceive as historic. She stated
the addition is clearly differentiated and is clearly not part of the original structure.
Member Rose stated adding anything to this home takes away from the nature of the home
being a bungalow and the applicant team has done as much as possible to try to
accommodate a larger program of use into a space that is not appropriate.
Chair Knierim stated character-defining features of the property include its small size and
rectangular shape, and the proposal changes those features.
Member Nelsen noted standard two states that the historic character of a property will be
retained and preserved.
Member Carlock stated the size of the addition is outside of the standards. Member Nelsen
concurred and stated the simplicity of form and symmetry of the structure will be altered with
the proposed addition.
Member Dunn concurred and stated the proposed addition detracts from the original structure.
Member Carlock stated she is supportive of the garage replacement proposal and would also
support the staff recommendation regarding the egress windows. Member Rose concurred
and stated those changes do not modify the character to an extent that the standard is not
met. Member Nelsen also concurred and noted the garage that is proposed to be demolished
was not part of the historic designation. She also concurred the windows that are planned to
be replaced are not character-defining features and their replacement would not negatively
affect the historic integrity of the structure. Chair Knierim also concurred.
Member Nelsen suggested the Commission may want to further discuss standard nine. She
stated massing, size, and scale have been determined to not be met and also stated the roof
lines do not seem compatible. She noted the roof plate height is the same height all around
which does not feel subordinate to the existing landmarked home.
Member Carlock stated she believes the size of the addition is the main concern and that
violates standard nine.
Members discussed the proper way to make a motion or multiple motions.
Member Carlock made a motion that the Historic Preservation Commission approve
the plans and specifications for proposed item two, installation of an egress window
and modification of bathroom windows, and for proposed item three, demolition of the
non-historic garage and construction of a new garage, at the Jackson Property at 1306
W. Mountain Avenue as presented, finding that these items meet the Secretary of the
Interior’s Standards for Rehabilitation, and that the Commission deny approval for item
number one, the addition to the home, because it does not meet the following Secretary
of the Interior’s Standards for Rehabilitation: two and nine.
The Commission further finds that other than the stated standard(s) not met, the denied
alteration(s) meet all other applicable Secretary of the Interior’s Standards for
Rehabilitation.
This decision is based upon the agenda materials, the information and materials
presented at this hearing and from the preceding conceptual review and work session,
and the Commission discussion on this item.
Member Rose seconded.
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Member Rose asked if the items stated by Member Carlock were sufficiently clear. Member
Carlock replied the items are numbered per the Staff Report. Member Rose requested the
motion include a reference to the items as being in the Staff Report. Member Carlock
suggested listing the items by descriptions rather than with numbers.
Assistant City Attorney Yatabe stated the motion was fine either way, as part of the motion
involves the discussion on it.
Member Nelsen reiterated that part of the Land Use Code and City Code involves the
Commission assessing whether or not an alteration meets all of the Secretary of the Interior
standards for rehabilitation. She stated the property was landmarked for design and
construction and the Commission agrees the distinctive aspect of the home is the integrity of
its form and its small size, and that the proposed alteration so significantly alters that key
defining characteristic, that it cannot be supported and therefore the Code is not met.
The motion passed 5-0.
[Timestamp: 8:38 p.m.]
OTHER BUSINESS
o ELECTION OF THE CHAIR AND VICE CHAIR
Member Rose nominated Chair Knierim for Chair. The nomination was accepted
unanimously. Chair Knierim commended Meg Dunn’s work as Chair.
Member Nelsen nominated Member Rose for Vice Chair. The nomination was
accepted unanimously.
ADJOURNMENT
Chair Knierim adjourned the meeting at 8:47 p.m.
Minutes prepared by TriPoint Data and respectfully submitted by Aubrie Brennan.
Minutes approved by a vote of the Commission on __________________.
_____________________________________
Kurt Knierim, Chair
March 16, 2022
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