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HomeMy WebLinkAboutHDC_01 12 20091 DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 LITTLE ROCK HISTORIC DISTRICT COMMISSION MINUTES Monday, January 12, 2009, 5:00 p.m. Sister Cities’ Conference Room, City Hall I. Roll Call Quorum was present being four (4) in number. Members Present: Marshall Peters Julie Wiedower Bob Wood Randy Ripley Members Absent: Susan Bell City Attorney: Debra Weldon Staff Present: Brian Minyard Citizens Present: none II. Approval of Minutes Minutes for December 2008 will be submitted next month for approval. III. Deferred Certificates of Appropriateness None IV. Certificates of Appropriateness None 2 V. Other Matters a. Roster on the Website Brian Minyard distributed the roster for the Board of Adjustment handout that the Planning and Development Department produces and asked the Commissioners to give the information to develop a list for the HDC. Also, the website addresses were discussed. Debra Weldon, City Attorney’s office, expresses concern over listing these persons and their contact numbers since they are quasi-judicial bodies. Ms. Weldon suggested that a meeting be set up on the issue. A discussion followed on whether an applicant should talk to the individual commissioners. The applicants are to talk to Staff before the hearing date instead of the Commissioners. Chairman Peters asked if an email address could be set up at the city for the Commissioners. Mr. Minyard said that he did not have the authority to set that up. He continued that all correspondence is forwarded to the Commission before the meeting. b. Enforcement issues Enforcement issues updates were passed out to the Commission. Commissioner Julie Wiedower asked about Tonya Robinson Fisher’s enforcement item. Staff replied that it was the same status. A letter will be sent to her asking her to take the plates down. On the Jay and Barbara Core item #5, a discussion was held about if too much time had elapsed to pursue the enforcement item. Commissioner Julie Wiedower recommended that the item be closed. Commissioner Bob Wood asked if it was worth pursuing anymore. It was discussed more and the commission decided that the Staff could communicate with the real estate agent, Charles Marratt, to make sure the new owners knew of the status of the Historic District. Debra Weldon, of the City Attorney’s office explained the difference in the misdemeanor versus equity approach on enforcement items. The commission then decided that a letter should be sent to Charles Marratt to inform him that efforts had been made to notify the Core’s and that the fence is in violation. By Arkansas Law, he is required to inform all perspective buyers that the fence is in violation. The Staff will send a letter to the new owner informing them of particulars of owning property in the MacArthur Park Local Ordinance District. Ms. Weldon questioned if a Real Estate agent could receive notice for enforcement items. Chairman Peters asked Staff to research laws about out of state owners registering local agents. Chairman Peters asked if the Staff wanted to do away with items 4 and 5 (Core) items. Commissioner Wiedower stated that this had been going on for more than a year and one half. Ms Weldon explained the process of the enforcement items. Chairman Peters asked if it was our place to make this a non-issue. Ms. Weldon stated that 3 according to the ordinance, once the violation has occurred, it is in the opinion of the enforcement officer to pursue an enforcement item. Mr. Minyard stated that he thought there were two options: Inform Charles Marratt that there was a non-conforming fence on that property and when it is sold that the HDC would like to start a working communication between the Commission and the new property owner. The other option is enforcement and we have waited fourteen months. After more discussion, the third option is to “close” the item. Commissioner Wiedower asked that the comment that an attempt to notify the Cores was unsuccessful be in the letter. A discussion was held about the seller disclosure statement and the real estate agent disclosing to a potential buyer about being in the district. Ms. W eldon stated that items that are in violation would not have any effect on the new owner. The current owner is in violation - not the property nor the new owner. She continued that a COA gives a particular person the permission to do something and is specific to that individual. A violation stays with the individual, not the property. Commissioner Ripley commented if this set a precedent that we scratch someone off the list and not others. Commissioner Ripley asked for some history on the site. The commission decided that it was in enforcement’s hands. Commissioner Wood asked what was to be gained by writing a letter to Charles Marratt. Chairman Peters stated that it would put Mr. Marratt on notice that the fence is in violation and that by Arkansas law he will have to notify all prospective buyers that the Cores are in violation of the HDC on the fence. Commissioner Wood commented that the letter could be viewed as being ineffective. Chairman Peters asked if it would hurt anything to send a letter to Barbara and Jay Core in care of Charles Marratt. Ms. Weldon said that it might not be able to be used as a warning notice before we take it to court. Commissioner Wiedower moved to draft a letter to Barbara and Jay Core via Charles Marratt informing him of the appropriate issues. Commissioner Randy Ripley seconded. The motion passed with 3 ayes, 1 no (Commissioner Wood) and 1 absent. The discussion switched to Arc Arkansas on the mulching of their site. Lisa Lynn Ross has not gotten her windows back form the termite company yet. It was clarified by Staff that the Commission decided to drop the enforcement on the Caroline Apartments cornerstone at a previous meeting. Other Updates: The Conway Schulte Plan meeting of January 22, will be postponed to a later date. Staff asked how many commissioners are planning to go to Eureka Springs in May in order to budget. Any monies not spent will be attempted to be spent on additional survey areas for Dunbar. A discussion was held about the area to be surveyed and the cost involved. Commissioner Wiedower worried that the city was not getting their appropriate bang for the buck. A discussion followed on cost per structure. 4 Commissioner Wood asked why the Commission was talking about the survey when it was outside the MacArthur Park District. Commissioner Wiedower responded that this was a citywide commission but they only hear COA’s for MacArthur Park. Discussion continued on how a national register district becomes a local ordinance district. c. Preservation Plan Update On February 9, 10 and 11, Phil Thomason will be in town. On February 10, he will be making an update to the Board of Directors on the plan efforts. On February 11, there will be a steering committee meeting. He will give a preview of the draft at the 11th meeting. The second public meeting will be March 18. Commissioner Wood asked concerning the presentation to board that he take heed of the suggestions to make stress “benefits to the city” instead of having a “dry academic” discussion and make it relevant to the Board. d. Work Plan Satellite Dishes: Ms. Weldon started that the ordinance does not specifically state satellite dishes but they are listed in the guidelines. Debra Weldon gave an overview handout of the federal laws concerning satellite dishes. The law gives a higher level of protection on Category I uses. The Category II uses are more of what the HDC would deal with. She advised that the Commission should be very careful to show on the record that the modifications would be necessary to protect the district and place no more regulations than other items and are no more burdensome than necessary. After discussion, it was decided by the commission to update the guidelines. Any structure that is an appurtenance can fall under this jurisdiction. She bought up the point of an expiated COA to not “delay” the installation. She also brought up the issue was cost of doing notice more than the cost of the dish. If cost was more for notice, it might be a burden. Commissioner Wood stated that it appeared to him that the law treats satellite dishes the same as other appurtenances. Mr. Minyard stated that state law lists appurtenances and if the dish is screwed onto the house, it requires a COA. Chairman Peters asked about those placed in the yard on a post. Ms. Weldon wondered if there were enough reasons to say that a COA was necessary for dishes to “preserve the district.” Visibility from the street was discussed. Screening the dishes can include painting the dishes. Commissioner Wood urged the commission treat satellite dishes the same as other items. Ms. Weldon stated that there had to be a distinction between satellite dishes and other items so that it will be defensible. She asked the question how does a satellite dish harm the district. Chairman Peters responded that there were no satellite dishes when the district was built. Mr. Minyard brought up the issue that central heat and air did not exist at that time either. Screening is required of air conditioner units; why not screen satellite dishes. They would need to be analyzed on a case-by-case basis. Chairman Peters asked is a dish can be painted. Communication with the property owners was stressed by Commissioner Wood on issues such as this and it being a positive letter that made the commission appears 5 helpful to the owners. A suggestion was made to have Commissioner Wood to draft a letter to the property owners for the Commission to approve and Staff to mail out. Mr. Minyard suggested that an open house be held to discuss the changes in the guidelines with the property owners and improve communication. It could be held at Curran Hall or another location. He continued that an Open House was not a public hearing and was more informal in nature. Notification of the press would be necessary. An opening statement can be made but is not necessary. Chairman Peters asked if Boyd from the AHPP be present. Mr. Minyard also suggested Vanessa from the HPAA be present also. After discussion, the following text is suggested. “Satellite dishes should be installed where they are the least obtrusive in location, color and visual esthetics while maintaining reception qualities. It was discussed about the locations of under the eaves, on the back sloping roofs, consider painting the dishes, while including purpose. The character defining elements of individual structures as well as the character of the neighborhood should be maintained and not detracted by the locations of satellite dishes, an element of a much later period than most structures in the neighborhood.” Chairman Peters wondered if installation of a satellite dish could fall under a Certificate of Compliance instead of a Certificate of Appropriateness. Ms. Weldon reminded the Commission of previous discussions about items being added or renovated at the building inspectors or fire marshals insistence; it was at Staff’s discretion. Mr. Minyard referred the Chairman to page 5 on the package. The issue has been covered before. A letter will be written for all owners with satellite dishes informing them of the updates to the guidelines. Staff will check to see if satellite dishes can be painted. Mr. Minyard suggested that this could be a topic for an Open House for all property owners. Time Conditions on COA’s: Debra Weldon stated that the Certificates of Appropriateness are tied to the applicant, not the land. Therefore, new owners of property do not buy the COA on un-built items. New owners buy non-conforming structures and are not be subject to enforcement because of actions of previous owners. A discussion was held on the appropriateness of time limits with comments on small, medium, and large projects. It was discussed by the Commission to not have time limits on the Staff Recommendations or listed in the motion. It was discussed that the Commissioners could ask of the applicant, during the hearing, what the timetable was for the item. Page 10 of the report was discussed and the other time limits of other boards and commissions and building permits. Commissioner Wiedower asked that the Commission be friendly and work with the applicants on the time limits. The time limits do not affect the COA - the actual projects look and materials. If a project drags on too long, Staff can put a Stop Work Order on them when their building permit runs out. 6 After further discussion of the differing scales of projects, the Commission decided that the Staff should not list time limits in the staff report and that the Commission should not enforce time limits. The Commission can ask the applicant in the hearing about the timeline. A note can be made to obtain a building permit in the recommendation. Bylaw Issues: Bylaws will be discussed at the next meeting. Citizen Communication None. VI.Adjournment There was a motion to adjourn by Randy Ripley. The meeting ended at 6:58 p.m. Attest: