HomeMy WebLinkAboutCARRIAGE HOUSE APARTMENTS - MOD - MOD120001 - CORRESPONDENCE - RECOMMENDATION/REPORT (3)Steve Dush
Karen McWilliams
November 23, 2011
Page 2
property exhibits a confusing design. This confusion with design and architectural integrity was
evident in discussion at the Commission hearing. Mr. Bershof concludes by stating that
Landmark designation will set a bad precedent.
The applicant requests a determination that 1305 South Shields is not individually
eligible for Landmark designation. The requested determination allows demolition to proceed
which is the request of the property owner.
The property owner does not consent to Landmark designation which was stated clearly
at the Commission hearing. The Commission hearing terminated without a report of acceptability
and after failure to reach an acceptable solution. This outcome has the practical impact of a per
se designation of Landmark eligibility taken without owner consent, and without an official
resolution passed on the affirmative vote of five (5) Commission members. If the Director and
the Commission chair now issue a determination of eligibility, the applicant requests that the
Commission vote at its December, 2011 meeting on an official resolution under Section 14-21.
If upon reconsideration the property is considered individually eligible, the applicant
requests that the Commission by formal resolution determine if the City should proceed with a
Landmark designation under Section 14-21 without the property owner consent.
Enclosures
cc: Paul Eckman
Charles Bailey
James S. Bershof
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Very truly yours,
MYATT BRANDES & GAST PC
By: Q'Y' C-)Q
Je n
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RALmSEY D. MYATT
RoHr. W. MuNDES, AL
RICHARD S. GAST
JEFFREY J. JOHNSON
D.wIEL C. MUFFLY
MAN R. IEONE
PETER 1. MUSTER'
: Also licensed ID Wyoming
MYATT BRANDES & GAST
PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSETARS AT LAW
CLOCKTOWER SQUARE
323 Same COLLEGE AvENuE, SurrE I
FORT COLuNs, COLORADO 80524-2845
(970) 482 4946 PH (970) 482-3038 Fx
November 23, 2011
Steve Dush, Director Via email and US Mail
Development Review Center
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
Karen McWilliams Via email and US Mail
Historic Preservation Planner
Development Review Center
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
RE: 1305 South Shields Street
Dear Steve and Karen:
JEFFREY J. JOHNSON
(970)692-5886
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Our office represents Chuck Bailey in connection with the concept review application
submitted August 29, 2011. Chuck Bailey and Beverley A. Carlson, the property owner,
appeared before the Landmark Preservation Commission on November 9, 2011. At the
Commission hearing the applicant presented the opinion of James S. Bershof, OZ Architecture of
Denver, Inc., that the property fails to meet the criteria of a Landmark eligible property.
The applicant, the property owner and the Commission were unable reach an acceptable
solution. The Commission hearing terminated with the applicant invited to submit information
again. The property owner filed a demolition permit for 1305 South Shields on November 10,
2011.
In support of the property owner's demolition permit application, the applicant submits
the opinion of James S. Bershof dated November 22, 2011 which is enclosed. A resume is also
enclosed documenting Mr. Bershof s extensive experience in historic buildings and landmark
preservation. Mr. Bershof is the current vice -chairperson of the Denver Landmark Preservation
Commission.
Mr. Bershof s opinion states clearly that the property does not come close to meeting the
criteria and expectations of Landmark designation. The property lacks integrity based on
significant weaknesses of design and an incompatible two car garage addition that doubled the
structure size in a manner extremely damaging to the exterior integrity of the property. The