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HDC_01 09 2006DEPARTMENT OF PLANNING AND DEVELOPMENT LITTLE ROCK HISTORIC DISTRICT COMMISSION 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371 -4790 Fax: (501) 399-3435 LITTLE ROCK HISTORIC DISTRICT COMMISSION MINUTE RECORD Monday, January 9, 2006, 3:00 p.m. Sister Cities' Conference Room, City Hall I. Roll Call A Quorum was present being three (3) in number. Members Present: Carolyn Newbern Marshall Peters Wesley Walls Job Serebrov Kay Tatum Members Absent: none City Attorney: Deborah Weldon Staff Present: Brian Minyard II. Approval of Minutes a. December 8, 2005 Commissioner Marshall Peters made a motion for approval of the minutes as submitted, Commissioner Wesley Walls seconded. The Minutes were approved 3 ayes, 0 noes, 0 absent and 2 abstaining (Kay Tatum and Job Serebrov were not present at the December hearing.) III. Finding of Compliance with Notice Requirements of all Subjects The notices were found to be sufficient on all the items. IV. Deferred Certificates of Appropriateness: a. None V. New Certificates of Appropriateness: 1 DEPARTMENT OF PLANNING AND DEVELOPMENT LITTLE ROCK HISTORIC DISTRICT COMMISSION 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 STAFF REPORT ITEM NO. One. DATE: January 9, 2006 APPLICANT: Angela Murray ADDRESS: 1305 Cumberland COA Removal of vinyl siding and addition of wood siding REQUEST: PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 1305 Cumberland. The property's legal description is "Lot 2 Block 48 Original City of Little Rock, Pulaski County, Arkansas." The 1988 survey lists the structure as a c. 1880's structure with Colonial Revival Porch and other alterations and is a Contributing Structure. The architectural significance in the 1978 survey is of a Priority II (1 being the highest and II being the lowest). This application is a result of an enforcement action. The vinyl siding removal, removal of the original weatherboard and the installation of new wood siding was started without a Certificate Of Approval by the Historic District Commission. Location of Project PREVIOUS ACTIONS ON THIS SITE: On July 10, 2003, a COA was approved and issued to Angela Murray for a three foot white picket fence to be installed in the front yard. On July 15, 1998, a COA was approved and issued to Marsha Taul for the existing vinyl siding on the north elevation to remain with conditions. 2 Applicant supplied photos: Applicant supplied photos: North facade South facade VI. East facade with old and new siding VII. East facade with old and new siding Front of house (west) with north side new siding 3 WRITTEN ANALYSIS OF THE APPLICATION BASED OFF OF INTENT AND GUIDELINES: The Design Guidelines, in -the Siding Section, states four items relevant to this case: A. Siding original to the building should be repaired rather than replaced only where necessary due to deterioration. B. Siding of artificial or substitute materials such as vinyl or aluminum should not be used. C. Wall shingles original to the building should be preserved but if replacement is necessary, the new shingles should match the original in size, placement, and design (this includes decorative wood shingles of Victorian buildings as well as wood or asphalt shingles of bungalow period houses). D. Siding on Non-historic (less than fifty years old) buildings may be resided with smooth masonite lap siding or with wood clapboards. Historic siding materials such as weatherboard and wood shingles should be preserved and maintained. The north and east facades of this structure had vinyl siding applied over an insulation board. The vinyl siding was in bad repair, in fact the owner states that it was falling off of the structure on the east side. The nails used to attach the insulation board and the vinyl siding cracked and destroyed most of the original weatherboard. The new siding that has been installed is very similar to the siding that is on the front (west) and south facades of the house. The trimwork that has been replaced closely matches the detailing on the undisturbed portions of the house. The final product will be similar to the west and south facades. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. 4 Photos taken by staff East facade showing old and new siding North facade detail North facade new sill North facade old sill Old window header New window header DEPARTMENT OF PLANNING AND DEVELOPMENT LITTLE ROCK HISTORIC DISTRICT COMMISSION 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 Memorandum To: Chuck Givens, Building Codes Manager From: Brian Minyard, Historic District Commission Staff CC: Tony Bozynski, Director of Planning and Development Debra Weldon, City Attorney's office Date: 2/2/2006 Re: Stop work order for 1305 Cumberland On December 13, 2005, Brian Minyard observed work on the structure of 1305 Cumberland in the MacArthur Park Historic District that did not have a building permit or approval by the Historic District Commission. The north and the east facades of the building had been stripped to the studs, (vinyl and original wood siding removed) and new wood siding replaced. This work must have a Certificate of Appropriateness prior to obtaining a building permit and a building permit prior to work commencing on the project. Please issue a stop work order as soon as possible, preferably December 14, 2005. 6 STAFF RECOMMENDATION: Approval with the following conditions: 1. Obtaining a building permit and comply with all applicable inspections. 2. Match existing trim details on north and east facades to the north and west facades. 3. Prime and paint new siding within an appropriate time to maintain integrity of wood. HISTORIC DISTRICT COMMISSION ACTION: January 9, 2006 Brian Minyard, HDC Staff, made a presentation to summarize the scope of the project. He continued concerning previous applications on this property and the history of the enforcement on this application. He stated that staff consulted additional authorities as to whether this was an enforcement item or a maintenance item. Staff made a note that in the Staff recommendation section of the report, condition number 2 should read, "Match existing trim details on north and east facades to the south and west facades." Commissioner Job Serebrov asked about when the appropriate time was to ask questions about other parts of the building. Chairman Newbern stated that those would be appropriate later. Chairman Newbern commented about the fence application in 2003. She asked Staff to clarify when the fence was installed. Mr. Minyard answered that the fence issue was an enforcement issue, and that the fence was installed prior to a COA being issued. Angela Murray, the owner of the property, said that the rental inspection program has surveyed the building and the scope for the work had snowballed. Parts of the old siding had rotted. They had special siding milled to match the existing siding. They will continue to add central heat and air to the units. Staff informed her that she would have to appear before the commission for approval of the HVAC unit placements. Discussion continued to occur with applicant instructed to get with Staff prior to installation of units. Commissioner Peters asked about what the legal ad listed for this item; could the HVAC units be included in this application. Mr. Minyard read him the legal ad item and it was determined that the ac units could not be included in this hearing. Debra Weldon, of the City Attorney's office restated that the ac units would have to be addressed in another hearing. Ms. Murray asked if she could get administrative approval for the ac's. Mr. Minyard read the guidelines for the utility systems section on page 38 in the guidelines book. It was decided that if the units are not visible from the street, it could be possible for a staff level Certificate of Compliance. Commissioner Serebrov asked if the whole house would eventually be central heat and air. Ms. Murray said yes. Commissioner Marshall Peters stated for the record that he has known Angela Murray for years and that she is an asset for the District. Ms. Weldon clarified with 7 Commissioner Peters that he does not have any financial conflicts of interest in this project. Ms. Weldon has reviewed the notices and all notices are complete. Kay Tatum stated for the record that she owns property next door to Angela Murray and that she is a close friend of hers. Commissioner Tatum made a motion to approve as verbally amended in number two of the conditions of approval. The motion was seconded by Commissioner Peters and was approved 5 ayes, 0 noes, and 0 absent. Commissioner Serebrov asked about window air conditioners that are visible in the photos. Commissioner Peters asked if the guidelines state that they are not to be visible from the front of the house. Mr. Minyard repeated the guidelines referencing the ac units. Ms. Murray stated the window units will be gone after the central heat and air is installed. Commissioner Serebrov asked if anything has been done to the front of the buildings (window sashes, etc.). Ms. Murray stated not since she has owned the building. Ms. Murray asked to speak about 1301 Cumberland, which is next door to her property. She stated that she has called the City,Attorney Tom Carpenter on more than one occasion and has not had a call returned. She is perplexed as to how "that monstrosity was allowed" and that she has been called in for wood siding." She stated that she does not know whom else to call and continued to describe the aspects of the projects that she did not feel was in character with the historic district. Commissioner Serebrov assured her that the issue would be discussed today. She continued to state that several people in the neighborhood have called about the issue and are upset over the project. Commissioner Newbern stated that the Commission was familiar with the property and we are in the middle of action for enforcement. Commissioner Newbern suggested that she also contact her Board of Director member. She continued that the commission wanted the support of the people that live in the district and that the confidence of the people is critical. Commissioner Serebrov made a statement that he wanted the City Attorney's office to hear. He is concerned about "lapses" in this situation. If we sit on our rights too long and do not enforce, a court may assume that we do not intend to exercise those rights, and if it lapses long enough, we may lose those rights to enforce entirely. Something needs to be done fast on this issue. Commissioner Peters asked to second those comments. 8 Other Matters: Commissioner Newbern addressed the drafts for the Certificate of Appropriateness and Certificate of Compliance. Commissioner Serebrov made a motion to approve and to let staff pick distinctive colors for each. Notices will be distinct from other notices that are posted. Commissioner Peters seconded. Mr. Minyard asked if the conditions were lengthy, if it was okay for it to be portrait. The commissioner said okay. Commissioner Serebrov amended his motion to include portrait. Ms. Weldon stated that the formatting of the documents could be left to staff and give them administrative leave on the actual size, color and formatting. The motion passed with a vote of 5 ayes, 0 noes and 0 absent. Enforcement issues were discussed. Commissioner Serebrov asked of Ms. Weldon if there is an actual procedure when a complaint comes from Staff of the commission. Ms. Weldon stated that an enforcement package was sent to the Litigation Section of the City Attorney's office and from that point on, she could not tell us. Commissioner Serebrov asked for Ms. Weldon to report back on what the procedure is or have a city attorney from that section come and report to the commission. Commissioner Serebrov stated that he felt that the situation had reached a crisis point; either enforcement is done or the commission will be viewed as a "toothless shark ". He continued that if the City Attorney's office is not doing it's job that the commission needs to make that known somehow. It is a matter of integrity as a board. Commissioner Peters added that he would like to have an answer on 1301 Cumberland and noted a lot of changes in district that have gone unchecked. He asked about 501 East 7th Street. He stated that he did not approve of chain link fence. Mr. Minyard stated that the last letter sent to the owner was in July 2005. Commissioner Serebrov made a motion to have Staff take immediate action. He clarified that Staff should take any action necessary to return the original gates . Commissioner Peters seconded. He continued that this is another example of a real estate agent dealing in a historic district should know more about the matter than the normal resident. He stated that this is a licensed real estate agent. The motion passed with a vote of 5 ayes, 0 noes and 0 absent. Mr. Minyard stated that on 1009 Rock, he was expecting paperwork (an invoice) to see what was done to the steps. He stated that he had been working with Michael Keene the homeowner on this matter. Commissioner Serebrov asked how long ago the letter was sent to 1417 Commerce, Mr. Minyard stated that a letter had been sent to the owner. Staff was instructed to send another letter and instructed to send the letter certified. Commissioner Peters commented about the reluctance of people to sign for certified mail. 9 The meeting was adjourned at 3:50 p.m. Attest: Chair Date 10