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HomeMy WebLinkAbout08/21/2024 - Historic Preservation Commission - SUPPLEMENTAL DOCUMENTS - Regular MeetingSupplemental Documents Supplemental Documents Pg. 1 201 Linden Hotel Request for Certificate of Appropriateness: Window Replacement Request & Combined Conceptual & Final Review FCMC Section 14-54 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 2 Rebuttal Presentation 2 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 3 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | CRAFTSMAN REPORT ERRORS 1. Assumption/Meritless Accusations of Code Violations by Owners. a) Lack of Discussion with Owners. b) Purpose of 2 nd Opinion undermined. c) Lower v. Upper Sash Recommendations – failure to address safety. 2. Failure to Consider Relevant Expert Reports. a) Best Practice. 3. Failure to Analyze Fundamental Design Flaw after Acknowledgment of the Same. a) Craftsman Report begins by acknowledging design flaw – but provides no analysis of impact. 3 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 4 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | CRAFTSMAN REPORT ERRORS – CONTINUED 4. Failure to Analyze Operability Issues and Inappropriate Recommendation for Storm Windows. a) “Operability” improvements not quantified. b) Storm window recommendation: i. Lack of Operability. ii. Violation of Old Town Standard 3.11. iii. No analysis of Repairs and Climate Action Goals without impermissible application of storm windows. c) Simply cannot be repaired to meet Safety, Climate Action Goals and Operability standards. 4 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 5 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | CRAFTSMAN REPORT ERRORS – CONTINUED 5. Inaccurate and Contradictory Cost Estimates and Lack of Inflation Analysis. a) No Replacement Cost for Upper Sash – which is what failed. b) Inapplicability National Trust for Historic Preservation. i. Residential. 1500 sq ft Queen Anne. Not comparable. ii. “Window repairs costs not considered.” 6. Weight of Expertise. 1. Concerns about Barlow Report from the beginning. 2. Craftsman Report did little more than parrot the Barlow Report. 3. Craftsman 6 years experience (3 during pandemic) v. Mr. Wernimont’s 30 years of experience. 5 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 6 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Wernimont Rebuttal Report Highlights •Expertise •Inaccuracies in Craftsman Report —Materials •Wood •Metal Clad •Weather Stripping •Glazing •Storm Windows 6 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 7 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Wernimont Rebuttal Report - Continued —Past Studies •State of Windows prior to 2018. •Original Construction – Design Flaw Acknowledged but not addressed •Materials Removed in 2018. •Balance System •Glazing Repairs •Wood Cover Over Balance Tube •Paint •Add Storm Windows •Weather Stripping •Rebuild Lower Sash •Glazing 7 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 8 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com |8 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 9 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Sterling Double Hung – Operating Standard Performance Wood 9 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 10 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Sterling Double/Single Hung – Operating High Performance Clad 10 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 11 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Wernimont Rebuttal Report - Continued Costs •Option B:This option seems to move restoration from year #10 to Year #1 and even if you ignore the painting cost difference, you get to a cost of $147,860 but again add the storm at $163,620 for a total of $311,420. And would grow by another estimated cost of $51,400 for the correct finishing costs which makes the total $362,820. •Option C:Adds $20, 000 in year one to the cost of Option B, so the total grows to $382,820. 11 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 12 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | Wernimont Rebuttal Report - Continued •Option E:Craftsman new window pricing is 25% less than what we have priced, (but the 1 3/8” thick sash does not meet the structural performance for the size of the openings.) I am not aware of any product that will hit this budget unless they are using a price for smaller residential house sized windows. They may meet the details but would not provide the custom color with the 4- step paint process in a temperature and humidity-controlled environment that we have provided. Their total is $376,960 and doesn’t account for storm windows, which would be an additional cost of $163,620 for the wood version, for a total of $540,580. Our price for this is $284,960 and, critically, would not require storm windows. 12 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 13 © 2022 Brownstein Hyatt Farber Schreck, LLP www.bhfs.com | HISTORIC PRESERVATION COMMISSION’S DEFINED PURPOSES Fort Collins Municipal Code Section 14-2 o Stabilize and improve the aesthetic and economic vitality and values of historic sites and structures. o Craftsman Report fails to improve the aesthetic with storm window recommendation. o Craftsman Report fails to improve economic vitality of historic site with exorbitant costs. o Promote the use of historical structures. o After seeing what the Owners have gone through to get historically accurate windows replaced, very likely to have a chilling effect on anyone else contemplating ownership of historic buildings. o Promote and encourage continued private ownership and utilization of such sites/structures. o Must be a consideration of private property owners’ rights in this balance; including operability, environmental standards, safety and exposure to civil liability for failing windows. None of this was sufficiently considered by City Experts. o Promote economic, social and environmental sustainability through ongoing “use” of existing buildings. o Craftsman Report discourages economic and environmental sustainability. 13 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 14 Thank you for your thoughtful consideration CONTACT Claire N.L. Havelda CHavelda@bhfs.com 303.223.1194 Supplemental Documents Applicant Rebuttal Presentation Supplemental Documents Pg. 15