Historic District Commission

HISTORIC DISTRICT COMMISSION Meeting Minutes October 12, 2015 CALL TO ORDER: Chairperson Mr. Michael Troutman, called the meeting to order at 4:00 p.m. ROLL CALL: Members Present: Patrick Barnett Bruce Phillips Daniel Buscher Michael Troutman Kaytee Faris Kim Tuck Jim Hopkins Susan Baldwin (City Commission Liaison) Members Excused: (All Present) Staff Present: Marcel Stoetzel, Assistant City Attorney Glenn Perian, Senior Planner, Planning Dept. Leona Parrish, Admin. Assistant, Planning Dept. ADDITIONS / DELETIONS TO AGENDA: Mr. Glenn Perian welcomed new member Mr. Patrick Barnett to the Historic District Commission. APPROVAL OF PREVIOUS MINUTES: MOTION MADE BY MR. DANIEL BUSCHER TO APPROVE THE MINUTES FOR THE JULY 13, 2015 HISTORIC DISTRICT COMMISSION MEETING, SECONDED BY MS. KAYTEE FARIS. ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED MOTION MADE BY MR. DANIEL BUSCHER TO APPROVE THE MINUTES FOR THE SEPTEMBER 14, 2015 HISTORIC DISTRICT COMMISSION MEETING, SECONDED BY MR. PATRICK BARNETT. ALL IN FAVOR; NONE OPPOSED; MINUTES APPROVED CORRESPONDENCE: Mr. Glenn Perian stated he received a document regarding 68 Frelinghuysen Ave. (handed-out) and will review when item is next on the agenda. OLD BUSINESS: None NEW BUSINESS: A) 74 E. Michigan Avenue - (Request from Dutch Brothers Const., Mr. Samuel Herschberger to remove roof shingles and install a metal roof on Church.) Mr. Samuel Herschberger, Dutch Brothers Construction was present; stated they are requesting to remove shingles and replace with a metal roof for First Baptist Church of Battle Creek located at 74 E. Michigan Avenue. 1 Mr. Glenn Perian stated the proposed work is for the installation of a new red metal roof only and staff believes the proposed work complies with standards outlined in Chapter 1470 “Historic Preservation”, the Michigan Local Historic Districts Act or the Secretary of the Interior’s Standards and Guidelines. Staff is not aware of any issues that the commission might find in conflict with Chapter 1470 and recommends approval. MOTION WAS MADE BY MR. BRUCE PHILLIPS TO APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR NEW METAL ROOF FOR PROPERTY LOCATED AT 74 E. MICHIGAN AVENUE, PURSUANT TO HOUSING CODE CHAPTER 1470.09 “REVIEW OF APPLICATIONS” AND 1470.17 “PRESERVATION OF HISTORIC FEATURES” AND THE SECRETARY OF THE INTERIOR’S STANDARDS AND GUIDELINES AS OUTLINED IN THE STAFF REPORT; SECONDED BY MR. DAN BUSCHER. ALL IN FAVOR; NONE OPPOSED; MOTION APPROVED B) 245 W. Michigan Avenue: (Request from Battle Creek Community Foundation for a parking lot & signage with privacy fencing and landscaping.) Mr. Glenn Perian stated the applicant presented their request at last month’s meeting and because of not having a quorum it is now on the agenda for vote today and that he can answer any questions the commission might have today in addition to the comments noted in last month’s minutes received in today’s meeting packet. Chairperson Mike Troutman asked if any commissioners that were at last month’s meeting had any additional comments. Mr. Jim Hopkins noted that on today’s agenda the property is noted as 245 E. Michigan and should be 245 W. Michigan Avenue. It was noted it had been corrected after the meeting packets had been mailed and thanked him for noting this correction. Ms. Kaytee Faris noted that after hearing their presentation her only question was regarding the fence would be about the murals on plywood and how frequently would they be replaced and what type of murals would be painted. Said she feels they would keep them maintained, but was not sure that type of mural would be appropriate for a Historic District area. Said she would prefer a plain blank fence. Mr. Buscher asked if there were any type of controls on these murals or what they would look like. Mr. Glenn Perian stated they provided a concept that was in last month’s packet; said there was not any stipulation on what would be appropriate and had not been discussed at last month’s meeting. Mr. Troutman asked if they can regulate the content of the fence murals. Mr. Perian stated he was not sure. Mr. Marcel Stoetzel stated there had been some recent litigation from the U.S. Supreme Court that we cannot regulate the content of the fence signage. Mr. Troutman asked if being in a Historic District did the signs need to be historic. 2 Mr. Bruce Phillips stated they can regulate the size, shape, and location. Said they can only approve this as a fence. He personally does not think it has good appearance for W. Michigan Ave.; but if that association or institution wishes all they can do is approve the fence. Mr. Perian stated we can approve the fence with or without the art work. Mr. Stoetzel stated they cannot regulate content, yet they are dealing with HDC’s role in keeping the neighborhood consistent of which the Supreme Court did not address, only addressed regular signage specifically a church signs in Arizona. Said if they are not speaking to the content of the sign; as this is art work and not a sign. Mr. Perian stated it is not a sign it is art work and is not sure if art work content can be regulated the same as a sign. Mr. Mike Troutman stated we cannot regulate color of paint for example on houses. Mr. Perian stated we did not setup the community colors as there had been discussion in the past as we do not want to get into the type of beige they use and begin to regulate all colors. Mr. Kim Tuck asked regarding one of the panels being the sign for Kool Family Community Center parking and if it met the criteria of an exempt sign as it seems larger than what the ordinance allows. Said he recalled the discussion stating if the panels were vandalized they can be easily replaced. Commissioner Baldwin stated the Battle Creek Community Foundation is looking for this to be a place to display youth art and does not believe they would allow anything to be put up that would be considered not appropriate. Said they concept is so youth can be a part of the place-making of the community and creativity which she believes can have a nice impact. Mr. Mike Troutman stated this neighborhood may not be a real significant historical area. Mr. Bruce Phillips stated he did not understand the purpose of putting the art work at this location, what is it blocking and if it is not a significant historical area; they may consider taking it out of the historic district boundaries. Mr. Perian stated they wish to display the art work and regarding the sign and also the fence with the art work which is two different things. Stated the sign is not an exempt sign for parking lots and will need to comply with the ordinance for setbacks etc., and that the fence art work and parking area sign are separate within this review and approval. Mr. Bruce Phillips asked if that parking sign is currently installed without permission. Mr. Perian stated, yes it is, which happens often. MOTION WAS MADE BY MR. PATRICK BARNETT TO APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR NEW FENCE AND SIGNAGE FOR BATTLE CREEK COMMUNITY FOUNDATION FOR PROPERTY LOCATED AT 245 W. MICHIGAN AVENUE, PURSUANT TO HOUSING CODE CHAPTER 1470.09 “REVIEW OF APPLICATIONS” AND 1470.17 “PRESERVATION OF HISTORIC FEATURES” AND THE SECRETARY OF THE INTERIOR’S STANDARDS AND GUIDELINES AS OUTLINED IN THE STAFF REPORT; SECONDED BY MR. KIM TUCK. 3  Discussion Mr. Kim Tuck stated if that is a parking sign, it is a non-conforming sign and does it require special approval. Mr. Glenn Perian stated he was not sure and would find out. Commissioner Baldwin asked why the sign was non-conforming. Mr. Perian stated it was too large for a parking lot identification sign based on sign restrictions. Commissioner Baldwin asked what if it was connected to the building. Mr. Kim Tuck stated building signs were regulated by size and if this was a non-conforming sign based on its size. Marcel Stoetzel stated under Chapter 1296.17 an exempt sign indicates that “permits shall not be required for the following signs so long as they relate to the uses which are permitted by this zoning code” and sub paragraph (c) includes special purpose signs #2. Private parking lot identification signs as follows. 2. Free standing signs each not exceeding 6 sq. ft. in area or 6 ft. in height, which may be located in a front-yard, each driveway entrance or exit. Such as sign may be illuminated with one light not exceeding 100 watts and obstruction of traffic or other hazardous condition shall be created by such sign and the name of the business offering the parking may be identified on this sign, but in no instance shall it occupy more than 1/3 of the copy area. Mr. Kim Tuck stated that answers the question of this being an exempt sign; so the question is can you have larger parking lot identification signs by permit. Mr. Stoetzel stated that is what the ordinance would require; it would have to be by permit. Mr. Perian stated we needed to look at what are they going to allow by permit and thanked Mr. Stoetzel for review of the ordinance. FIVE IN FAVOR (BARNETT, BUSCHER, HOPKINS, TROUTMAN AND TUCK); TWO OPPOSED (FARIS AND PHILLIPS); MOTION APPROVED C) 199 E. Emmett Street: (Request from Mr. David Thompson (owner) to remove old wood and replace with new siding and wood beams.) Mr. Glenn Perian stated this property was also on last month’s meeting agenda and because of not having a quorum of members in attendance; it is on the agenda for vote today and that their comments from last month’s meeting were noted in the minutes and that he can answer any questions the commission might have today. Ms. Kaytee Faris stated they said they were just replacing the damaged wood to match the original. Mr. Bruce Phillips asked if the owner will be taking off the box they put on and open the porch as it was originally that show the beams. Ms. Faris said they noted they were going to leave the box made with like materials. Mr. Perian stated they were going to match the materials to the existing. Mr. Hopkins asked if the owner noted it was to be a mud-room. Mr. Perian stated he had not heard that mentioned; but said in the winter the snow would blow inside. Mr. Patrick Barnett asked if they will be putting up a door to enclose this boxed in area and if so he feels it would change the quality and character of its appearance which might be a concern. 4 Mr. Perian stated the owner wished to enclose the area and add an external door with glass in the center; said they can have him come back to state the type of door he wishes to install. Commissioner Baldwin asked if the owner had done the work already. Mr. Perian stated yes, the building inspector had put a stop work order on this property to get building permits and apply to the Historic District Commission for the work done. Mr. Perian noted this property had a for-sale sign. Mr. Phillips noted it was still listed for sale. MOTION MADE BY MR. DANIEL BUSCHER TO TABLE THE CERTIFICATE OF APPROPRIATENESS REQUEST FOR 199 E. EMMETT STREET UNTIL THE NEXT MEETING IN ORDER TO RECEIVE ADDITIONAL INFORMATION, SECONDED BY MR. BRUCE PHILLIPS. Discussion: Ms. Susan Baldwin stated she does not like the look of this new construction as the original design is critical to this house and is in an area of other historical homes and disagree with these changes. Mr. Buscher noted that at last month’s meeting Mr. Tuck had asked what type of opening would be in the door and the owner had not specified what his plans were, nor provide any examples of what he was proposing. Mr. Jim Hopkins stated he believes it comes down to how it is to be painted and can make it look like post and beam if painted it the same colors as the rafters to match the house. Ms. Kaytee Faris asked if it is tabled will he need to submit to us a photo of what this proposed door would look like. Mr. Perian said they can ask him if he is going to install a door and if so what it would look like. ALL IN FAVOR; NONE OPPOSED; MOTION APPROVED TO TABLE D) 68 Frelinghuysen: (Installed porch railings without Historic District commission approval.) Mr. Glenn Perian stated the property owner came in and spoke to him and submitted an application for porch railings which was done without a permit or Historic District approval. Said he had spoken to Mr. Marcel Stoetzel, Assistant City Attorney, who stated his opinion was for this to be tabled and allow Mr. Halldorson a chance to act on his request to restore the railing to its original design. Stated if not done so by the next meeting; they can order him to do so by November 6, 2015, or issue a citation. Mr. Daniel Buscher asked where the applicant lives, as he sees 4 letters have been mailed to 4 different addresses. Mr. Perian stated he believes 698 N. Washington, but not sure as Mr. Halldorson was not consistent on what he had said and also noted he lived at this address of 68 Frelinghuysen. Mr. Perian said he sent four mailings of which the owner said he never received; but also said he had ignored these mailings. Mr. Kim Tuck asked regarding the citations; can a citation be issued based on the original decision of the commission that they were required to comply. Mr. Stoetzel stated the City’s Attorney’s Office had researched this and it was determined that what was issued at the last meeting was insufficient to move forward. Mr. Tuck asked if either a 5 ticket or circuit court order would be available if a date would have been established in the first motion. Mr. Stoetzel stated that was one of the components; said in 2014, Mr. Halldorson had 3 Code Compliance matters and in 2015, he had a rental registration citation of which Mr. Halldorson had not appeared for any of those issues for any of his properties. Mr. Stoetzel stated the sample motions provided will cover any issues for this property. Mr. Perian suggests we table until the next meeting and allow the owner additional 30-days. Ms. Kaytee Faris asked if there were other code violations for the porch. Mr. Perian stated he believes there are other violations; that this commission can only address HDC issues. Mr. Stoetzel stated that junk violations are a re-occurring issue with this property. MOTION MADE BY MR. DANIEL BUSCHER TO TABLE THE REQUEST BY STAFF TO REQUIRE A COMPLIANCE DATE OF NOVEMER 6, 2015 FOR 68 FRELINGHUYSEN IN ORDER TO INSTALL PORCH RAILINGS AS NOTED IN THE APPLICATION; SECOND BY MR. BURCE PHILLIPS. ALL IN FAVOR; NONE OPPOSED; MOTION APPROVED TO TABLE E) 112 Frelinghuysen: (Removed 2nd story window balconies without permission and application request to remove was denied at the HDC Mtg. on January 15, 2015 where owner stated he would reinstall balconies, but failed to do so.) Mr. Perian stated Mr. Rocho came before the Historic District Commission and was requested to replace the balconies to their original design. Said enforcement in the ordinance states commissioners can order the property owners to comply and do the work as HDC requested by a date for instance by November 6, 2015. Mr. Kim Tuck stated regarding issuance of citations; they can request a citation based on the original HDC request. Mr. Stoetzel stated there was not a date set by the Historic District Commission or we could issue a citation. MOTION MADE BY MR. KIM TUCK TO TABLE THE REQUEST BY STAFF TO ORDER A REQUIRED COMPLIANCE DATE OF NOVEMBER 6, 2015 FOR 112 FRELINGHUYSEN; SECONDED BY MS. KAYTEE FARIS. SIX IN FAVOR (BARNETT, BUSCHER, FARIS, HOPKINS, TROUTMAN AND TUCK); ONE OPPOSED (PHILLIPS); MOTION APPROVED F) Approval of Year 2016 Meeting Dates MOTION MADE BY MR. DANIEL BUSCHER TO APPROVE THE 2016 MEETING DATES FOR THE HISTORIC DISTRICT COMMISSION, SECONDED BY MR. PATRICK BARNETT. ALL IN FAVOR; NONE OPPOSED; MOTION APPROVED PUBLIC COMMENTS: None 6 COMMENTS FROM COMMISSION MEMBERS AND STAFF: Mr. Glenn Perian stated he was happy to see everyone in attendance today and having a full board. ADJOURNMENT: Mr. Michael Troutman, Chairman adjourned the meeting at 4:54 P.M. Submitted by: Leona A. Parrish, Administrative Assistant, Planning Department 7