Historic District Commission

1 of 46 AGENDA Historic District Commission Special Meeting Date: Monday, March 18, 2024 Time: 4:00 P.M. Where: City Hall, Room 301 1. Call to Order: 2. Attendance: 3. Additions or Deletions to Agenda: 4. Approval of minutes: February 12, 2024, March 11, 2024 5. Correspondence: 6. Old Business: A. Historic District Commission Bylaws Amendment 7. New Business: A. H02-24 (178 Manchester St) A petition, filed by Calhoun County Land Bank Authority for a Certificate of Appropriateness for the demolition of a single family home located at the parcel. Parcel #3550-00-016-0. B. H03-24 (28 Woodmer Lane) A petition, filed by Mark Thomas for a Certificate of Appropriateness for the installation of a hot tub/spa in the backyard. Parcel #5390-00-029-0. 8. Comments by the Public: 9. Comments from Commission members and Staff: 10. Adjournment: The City of Battle Creek will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes of printed materials being considered in the meeting upon notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aides or services should contact the City of Battle Creek by writing or calling the following: Office of the City Clerk, P.O. Box 1717, 10 North Division – Suite 111, Battle Creek, MI 49016, (269)966-3348 (Voice), (269)966-3348 (TDD) Division Site 117 Battle Creek M Fax (269) 910 N. Di 10 N. DIVISION ST. P.O. BOX 1717 BATTLE CREEK MICHIGAN 49016-1717 PHONE (269) 966-3320 FAX (269) 966-3555 WWW.BATTLECREEKMI.GOV  2 of 46 CITY OF BATTLE CREEK HISTORIC DISTRICT COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for Monday, February 12, 2024 MEETING CALLED TO ORDER: By Chairperson Simpson at 4:04 p.m. This meeting was held in-person. ATTENDANCE: A roll call was taken: Comm. Simpson, Present Comm. Drozdowski, Absent Comm. Davis, Present Comm. Sallee, Absent Comm. Thornton, Present Comm. Steinbrunner, Present Staff Present: Darcy Schmitt, Planning Supervisor, Travis Sullivan, Planning Administrator, CJ Sivak- Schwennesen, City Planner, Melody Carlsen, Administrative Assistant, Marcel Stoetzel, Deputy City Attorney. ADDITIONS OR DELETIONS TO AGENDA: None. APPROVAL OF MINUTES: Approval of December 11, 2023 meeting minutes. MOTION MADE BY COMM. STEINBRUNNER TO APPROVE THE MINUTES FOR DECEMBER 12, 2023 AS SUBMITTED. SECONDED BY COMM. THORNTON. A vote was taken and all those in favor to say “aye”: ALL IN FAVOR, MOTION APPROVED. CORRESPONDENCE: None. OLD BUSINESS: None. NEW BUSINESS: A. H01-24 (55 Merwood Dr) Petition for a Certificate of Appropriateness, filed by Brett Mahaffey on behalf of Victoria Vink and Michael Vincent of 55 Merwood Dr., for the replacement of 22 windows on the home with matching double-hung windows. Parcel #5390-00-027-0. Staff Presentation: CJ Sivak-Schwennesen gave the staff report for H01-24. With the recommendation for staff approval of the replacement of 22 matching windows. Applicant Presentation: Brett Mahaffey of Renewal by Anderson was present to speak and answer questions by commissioners. 1  3 of 46 Commissioner Questions: Commissioner Simpson asked if the new windows were going to be double hung and the reason for going with two picture windows. Commissioner Steinbrunner asked the applicant for clarification of which windows were going to be pictured glass and if the windows were going to have the same grid pattern as the old windows. MOTION MADE BY COMMISSIONER THORNTON TO APPROVE THE CERTIFICATE OF APPROPRIATENESS H01-24, SECONDED BY COMMISSIONER STEINBRUNNER. A roll vote was taken: ALL IN FAVOR, MOTION APPROVED. B. Chapter 1470 (Historic Preservation Ordinance) Amendments Staff Presentation: Travis Sullivan gave the staff report for the proposed amendment changes to Chapter 1470 Historic Preservation Ordinance. Staff recommends that HDC recommend to the City Commission approval of the proposed amendment changes as stated. Commissioner Comments: Commissioner Simpson inquired to what triggered these changes. Commissioner Thornton discussed terms and the requirement of having and architect serving on the board. Commissioner Steinbrunner asked for clarification on if we are discussing specifically to term limits. Commissioner Thornton asked the Attorney if the changes are correct legally. Marcel Stoetzel responded to Commissioner Thornton’s question. MOTION MADE BY COMMISSIONER STEINBRUNNER TO RECOMMEND THE AMENDMENT CHANGES OUTLINED IN THE STAFF REPORT TO CHAPTER 1470 HISTORIC PRESERVATION ORDIANCE TO THE CITY COUNCIL FOR APPROVAL, SECONDED BY COMMISSIONER DAVIS. A roll vote was taken: ALL IN FAVOR, NONE APPOSED. MOTION APPROVED. C. Historic District Commission Bylaws Amendments Staff Presentation: Travis Sullivan gave the staff report for the Historic District Commission proposed Bylaws amendment changes. Staff recommends that HDC consider a two-step approach to adopt the stated changes; discussion of the proposed amendments to the adopted bylaws with action being taken at a future meeting. Commissioner Comments: Commissioner Steinbrunner inquired about changes to the current agenda. MOTION MADE BY COMMISSIONER THORNTON TO INTRODUCE THE HISTORIC DISTRICT COMMISSION BYLAWS AMENDMENT CHANGES WITH ACTION TAKEN AT A FUTURE MEETING, SECONDED BY COMMISSIONER DAVIS. A roll vote was taken: ALL IN FAVOR, NONE OPPOSED. MOTION APPROVED. 2  4 of 46 D. Economic and Technical Feasibility, Undue Financial Hardship, Economic Hardship and Economically Feasible Plans Staff Report: Travis Sullivan gave the staff report and explanation for the proposed changes. Staff recommends that the HDC entertain a discussion regarding the proposed feasibility and hardship policy. Discussion only, no action required. Commission Comments: Commissioner Simpson commented on the current practice and expressed the need for support for hardship cases. Commissioner Steinbrunner asked if the city has any scholarships to offer to people. Darcy Schmitt responded to questions and gave some information to how other areas are handling this type of issue. NO ACTION REQUIERD. INFORMATIONAL REPORT FOR THE BODY TO VIEW AND ADDRESS AT A LATER DATE. E. Historic District Commission Minor Class or Work Amendment Staff Report: Travis Sullivan gave the staff report outlining the proposed amendment changes for Minor Class of Work. Commissioner Comments: Commissioner Simpson had questions and asked for clarification on processes. Early communication would be best in these cases. What department in the City is at the front end of these applicants? Any projects of this type waiting for approval right now and is there any reason why we should not consider the State Historic Preservation’s offices actions and opinions good enough for us? Also, recommends increased communication in the beginning of the application process. Commissioner Davis stressed concerns about how residents or Community Development does not know when a house is in a Historic District. There should something in place to make sure residents are aware they live in a Historic District. Not comfortable giving up the Board’s responsibly and oversight. Would like to see this type of work come before the HDC, does not want to give up their approval. RECESS TAKEN DUE TO AN OUTSIDE EMERGENCY Continued discussion between commission members and staff. MOTION MADE BY COMMISSIONER STEINBRUNNER TO APPROVE THE MINOR CLASS OF WORK OF WORK AMENDMENT CHANGE WITH THE ATTACHMENT TO INCLUDE A MORE COMPREHENSIVE CONSIDERATION TO THE PROJECT IN THE BEGINNING STAGES. SECONDED BY COMMISSIONER THORNTON. AMENDED MOTION MADE BY COMMISSIONER STEINBRUNNER TO INCLUDE THE CHANGES ON ITEM NUMBER 30, PAGE 101; REMOVE THE WORD “AND APPROVED”. SECONDED BY COMMISSIONER THORNTON. A roll vote was taken: THREE APPROVED, ONE OPPOSED, MOTION APPROVED. 3  5 of 46 F. 4th Quarter Administrative Report Staff Report: Travis Sullivan gave an overview of projects that were approved by administration during the 4th quarter. NO ACTION REQUIERD. INFORMATIONAL REPORT FOR THE BODY. G. Election of Officers MOTION MADE BY COMMISSIONER THORNTON TO APPROVE ROSS SIMPSON AS CHAIRPERSON, SECONDED BY COMMISSIONER DAVIS. MOTION WAS MADE BY COMMISSIONER SIMPSON TO APPROVE KURT THORNTON AS CHAIRPERSON. COMMISSIONER THORNTON DECLINED THE MOTION. A roll vote was taken: ALL IN FAVOR, NONE APPOSED. MOTION MADE BY COMMISSIONER SIMPSON TO APPROVE KURT THORNTON AS VICE CHAIRPERSON, SECONDED BY COMMISSIONER STEINBRUNNER. A roll vote was taken: ALL IN FAVOR, NONE APPOSED. COMMENTS FROM THE PUBLIC: None. COMMENTS FROM COMMISSION MEMBERS AND STAFF: Staff Comments: Travis Sullivan thanked the Commission for their review of the items presented today. Commissioners: Commissioner Steinbrunner mentioned the ceiling in an adjacent room to reveal the stained glass and asked how to move forward with this project. Commissioner Davis would like to see work on publication/notification to educate Historic District homeowners. Commissioner Thornton thanked staff for their work in putting the presented reports together. Commissioner Simpson apologized for the delay he caused during the meeting and thanked the Board for trusting him as the Chairperson. Would like to see an architect on the Board as soon as possible. ADJOURNMENT: Commissioner Simpson adjourned the meeting at 5:53 p.m. Submitted by: Melody Carlsen, Planning and Zoning Administrative Assistant 4  6 of 46 CITY OF BATTLE CREEK HISTORIC DISTRICT COMMISSION 10 North Division, Battle Creek, MI 49014 Minutes for Monday, March 11, 2024 MEETING CALLED TO ORDER: By Chairperson Simpson at 4:13 p.m. This meeting was held in-person. ATTENDANCE: A roll call was taken: Comm. Simpson, Present Comm. Drozdowski, Absent Comm. Davis, Present Comm. Sallee, Absent Comm. Thornton, Present Comm. Steinbrunner, Absent QUARUM NOT MEET TO PROCEED WITH TAKING ACTIONS DURING THE MEETING. Staff Present: Darcy Schmitt, Planning Supervisor, CJ Sivak-Schwennesen, City Planner, Melody Carlsen, Administrative Assistant, Marcel Stoetzel, Deputy City Attorney. Commission and Staff Comments: Darcy Schmitt addresses Applicant, Calhoun County Land Bank to what their timeframe for the project they applied for was. Discussion was held to hold a “special meeting” to review and vote on the agenda items. Commissioner Simpson asked staff to poll members to hold a special meeting. COMMISSIONER THORNTON MADE A MOTION TO ADJOUN THE MEETING. SECONDED BY COMMISSIONER DAVIS. ADJOURNMENT: Commissioner Simpson adjourned the meeting at 4:19 p.m. Submitted by: Melody Carlsen, Planning and Zoning Administrative Assistant 1  7 of 46 Battle Creek Historic District Commission Staff Report Staff Report Historic District Commission Bylaws Update Meeting: March 18, 2024 To: Historic District Commission From: Travis Sullivan, Planning and Zoning Administrator Date: January 19, 2024 Subject: Historic District Commission bylaws amendments Summary The Battle Creek Historic District Commission (HDC) was established by the City in 1981 for the purpose of safeguarding the heritage of the City and preserving Historic Districts and historic resources within the City which reflect significant historic, cultural, or architectural value. Composition and rules of operation for the HDC are governed by the Commission’s adopted bylaws, which were last updated in 2011. As staff continues to work to help simplify and streamline the application and approval process for properties located within local historic districts, as well as the activities and function of the HDC, it is apparent that the Commission’s bylaws require a number of updates in order to better accomplish its stated purpose, as well as a number of minor changes to the organization of the bylaws (proper capitalization and punctuation, etc.). Material Updates to the Bylaws 1. Elimination of HDC Term Limits (Article II, Section 1) Staff recognizes that many of the City’s boards and commissions face difficulties in establishing a full roster of members. This issue is further complicated by the fact that many boards and commissions require members to possess a certain degree of specific technical knowledge and expertise. As a result, staff has explored ways in which to help ensure that the HDC continues to function with a complete roster of members in order to ensure the timely completion of the Commission’s business, which could be jeopardized in the event of meeting postponements due to a lack of quorum. Planning and zoning staff, in consultation with the City Attorney’s office, have determined that it would be of benefit for the HDC and the City Commission to consider the elimination of service limits on individual board members, which currently do not permit an individual to serve more than two consecutive terms (three years each) on the HDC. This amendment to Article II, Section 1 of the bylaws would additionally require an amendment to the Historic Preservation Ordinance (Chapter 1470) by the City Commission, upon which the HDC will separately provide a recommendation.  8 of 46 2. Article V, various Sections Titles have been added to each Section contained within Article V, providing clarification as to the purpose of each Section. 3. Article V, Section 8, Robert’s Rules of Order Govern Each set of bylaws for its given board or commission is expected to establish the rules by which meetings and business of the body will be conducted. While Robert’s Rules of Order have long been accepted as the standard operating procedure of the City, staff and the City Attorney’s office find it prudent to specify these rules as adopted for the official conduct of business by the HDC. 4. Article V, Section 9, Conflicts of Interest While members of the HDC in the past have taken the necessary steps to recuse themselves from items of business where a conflict of interest is inherent, the adopted bylaws of the Commission currently do not provide parameters which precisely define when a conflict of interest exists. The proposed amendment to Article V, Section sets these parameters and removes potential ambiguity with regard to the existence of a conflict of interest. 5. Article IX, Minor Classes of Work An amendment is being proposed to the adopted Minor Classes of Work resolution which would allow for staff to provide administrative approval for projects which have already received approval from the State Historic Preservation Office (SHPO). Further details regarding the proposed amendment to the resolution will be discussed separately from this set of proposed bylaw amendments. Recommendation The HDC bylaws amendment process requires that the item be brought before the Commission at two separate meetings. At the February 12, 2024 regular meeting of the HDC, the Commission introduced the proposed bylaws amendments. For today’s meeting, staff recommends approval of the proposed bylaws, which would complete the two step process. Support Material Proposed HDC Bylaw Amendments (redline) Proposed HDC Bylaw Amendments (clean copy) 2 of 2  9 of 46 BY-LAWS OF THE HISTORIC DISTRICT COMMISSION OF THE CITY OF BATTLE CREEK BYLAWS ARTICLErticle I POWERSowers ANDand DUTIESuties Section 1 The powers and duties of the Historic District Commission of the City of Battle Creek are pursuant to Act No. 169, Public Acts of Michigan, 1970, being MCL, Section 399.201 et seq., as amended. ARTICLErticle II Composition: Appointment and Terms of MEMBERS embers and Vacancies Section 1. Membership. The Historic District Commission shall consist of seven (7) members residing in the city; one of whom shall be a duly registered architect, if such a qualified person is available for appointment. Members shall be appointed by the Mayor, subject to with the approval by a majority vote of the City Commission elected and serving. Appointments shall be for three-year terms, except the initial appointments shall provide for three3 three-year terms;, two2 two-year terms, and two2 one-year terms so that subsequent appointments shall not recur at the same time. Two of the initial three-year term appointments shall be made from a list of citizens submitted by a duly organized and existing preservation society or societies. A majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. All terms terminate on January 1, except that a member shall continue in office until a successor is appointed and takes office. Members shall be eligible for reappointment; however, members may not serve more than two consecutive terms. In the event a vacancy on the Commission occurs, an interim appointment shall be made by the Mayor, with the approval of the City Commission, to complete the unexpired term. A vacancy on the commission shall be filled within 60 calendar days by an appointment made by the appointing authority. Section 2. Removal. The City Commission may remove a member of the Historic District Commission for misfeasance, malfeasance, or nonfeasance in office. (a) Any member of the Historic District Commission who is absent from three or more regularly scheduled meetings in a 12-month period, may be removed by two-thirds of the vote of the Commission members present. (b) The Historic District Commission or the City Commission may, after a hearing, remove a member of the historic District Ccommission for neglect of duty or malfeasance. Section 3. Vacancies. In the event a vacancy on the Historic District Commission occurs, an interim appointment shall be made by the Mayor subject to the approval by a majority vote of the City Commission elected and serving to complete the unexpired term. A vacancy on the Historic District Commission shall be filled within 60 calendar days by an appointment made by the appointing authority. ARTICLE III OFFICERSfficers ANDand THEIRheir DUTIESuties Section 1. Selection. At the first regular meeting of each year, which shall be held on the second Monday of each month, The officers of= the Historic District Commission shall elect be a Chairperson and a Vice- Chairperson. All officers are eligible for re-election. Section 2. Tenure. The Chairperson and Vice-Chairperson shall take office immediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office. 1|Page Adopted 10/10/2011 Revised month/day/2024  10 of 46 Section 32. Chairperson. The Chairperson shall be elected from amongst the appointed members of the Historic District Commission. The Chairperson shall preside at all meetings and hearings of the said Commission, and shall have and perform the duties incident to the office of the Chairperson. The Chairperson shall decide, subject to these by-laws, all questions of order and procedure, unless otherwise directed by a majority of thesaid Commission in session at the time, and shall have the privilege of discussing all matters before thesaid Commission and voting thereon. Section 43. Vice-Chairperson. The Vice-Chairperson shall be elected from amongst the appointed members of the Historic District Ccommission, and shall act for the Chairperson in his/her their absence. Section 54. Secretary. The City Planning and Zoning Divisionepartment shall provide clerical and staff assistance sufficient to carry out the intent of these by-laws. (a) They shall keep a record of the resolutions, transactions, findings and determinations of the Historic Districtsaid Commission, which record shall be a public record; (b) Shall prepare, under supervision of the Cchairperson, the agenda for all regular and special meetings of thesaid Historic District Commission; (c) Shall provide notice of all meetings of thesaid Historic District Commission; (d) And shall have and perform such other duties as are incident of the office of Ssecretary. Section 65. Other Duties. Other duties of the Chairperson and Vice-Chairperson shall be such as the Historic District Commission shall, from time to time, prescribe. ARTICLE IV NOMINATIONomination ANDand ELECTIONlection OFof OFFICERSfficers Section 1. Terms of Office. The oOfficers of the Historic District Commission shall be Historic District Commission members, and be nominated and elected annually by and from a majority of the its members of said Commission at their first annual meeting. of said Commission, which shall be held on the second Monday of January in each year. Officers shall hold office for one (1) year or until their successor shall take office. The Officers are eligible for reelection. Section 2. Vacancies. The offices of the Chair and Vice-Chair shall be filled by appointed members of said Commission. Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular meeting following such vacancy, or at a special meeting called for that purpose. Section 3. A candidate receiving a majority vote of the entire membership of said Commission shall be declared elected, and shall hold office for one (1) year or until his successor shall take office, with eligibility of re-election. Section 4. Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular meeting following such vacancy, or at a special meeting called for that purpose. ARTICLE V MEETINGSeetings Section 1. Regular Meeting Date. These rRegular meetings of said the Historic District Commission shall be held on the second (2nd) Monday of each month at City Hall in an appropriately designated room. However, in the event that there are no permit applications or other matters to be heard, the Chairperson of the Board may cancel said meeting and shall notify all Commission members of said cancellation. 2|Page Adopted 10/10/2011 Revised month/day/2024  11 of 46 Section 2. Quorum. A majority of the members of the Historic District Commission shall constitute a quorum for the transaction of business. The concurring vote of four members of the Commission shall be necessary to issue a certificate of appropriateness and/or a notice to proceed. Other actions of the Commission shall require a simple majority of members present constituting a quorum. Section 3. Special Meetings. Special meetings of said Historic District Commission may be held at any time upon call of the Chairperson, or shall be called by request of at least three (3) members of said Commission. Notice of the time, place, and purpose of any special meeting shall be given to each member not less than one (1) day in advance of such meeting. The business considered or transacted at any special meeting shall be restricted to that stated in the notice or call, unless by consent of at least four (4) members present at such meeting. Section 4. Reserved. Section 5. Open Meetings Act. All meetings shall be open to the public and conform to the Michigan Open Meetings Act, being Act 267 of the Public Acts of 1976, as amended. Any person shall be entitled to appear and be heard on any matter before the Historic District Commission before it reaches its decision, subject to the rules of procedure as later provided in these bBy-lLaws. Public notice of the time, date and place of the meeting shall be given in the manner required by the Open Meetings Act. A meeting agenda shall be part of the notice and shall include a listing of each application to be reviewed or considered by the Commission. The Commission shall keep a record, which shall be open to public view of its resolutions, proceedings, and actions. Section 6. Public Comment. Any person or a representative of such person shall be entitled to appear and be heard on any matter before the Historic District cCommission before it reaches its decision at the time provided for in Article VI and under the following rules: (a) During the consideration of specific matters by the Historic District Commission, speakers addressing the Commission shall limit their comments to the specific issue being considered. A three-minute time limit is imposed per speaker, per matter considered. The three- minute limit may be lengthened or shortened by the Chairperson or other presiding officer, when appropriate, taking into consideration such factors as the number of individuals seeking to make comment., (b) During the gGeneral pPublic cComment portion of the meeting, speakers may address the Historic District Commission on any matter within the control and jurisdiction of the Historic District Commission. A speaker shall be permitted to address the City Commission once, for up to three minutes. (c) An individual wishing to address the Historic District Commission shall wait to be recognized by the Chairperson or other presiding Commissioner before speaking. An individual wishing to address the Commission shall raise their his or her hand and wait to be recognized by the Chairperson before speaking and shall identify themselves by name and address and, if appropriate, group affiliation for the record. (d) Speakers shall address all remarks to the Historic District Commission as a whole, and not to individual Commissioners. Speakers shall not address their remarks to members of the public in attendance at the meeting. (e) A speaker will be ruled out-of-order by the Chairperson or other presiding officer and the Historic District Commission will continue with its business when the speaker: 1. Becomes repetitive or speaks longer than the allotted time; 2. Attempts to yield any unused portion of time to other speakers; 3. Engages in a personal attack upon a city employee, administrator or Commissioner only if the personal attack is totally unrelated to the manner in which the employee, administrator or Commissioner carries out their his or her public duties or office; 3|Page Adopted 10/10/2011 Revised month/day/2024  12 of 46 4. Uses obscene or profane language; 5. Engages in slanderous or defamatory speech; 6. Uses derogatory racial, sexual or ethnic slurs or epithets relating to any individual or category of persons; or 7. Engages in conduct that interrupts or disrupts the meeting. Section 7. Annual Report. The Historic District Commission shall submit an annual report of its activities to the City Planning Commission and the City Commission. Section 8. Robert’s Rules of Order Govern. Parliamentary practice at the meetings of the Historic District Commission shall be governed, where applicable, by Roberts Rules of Order, except where in conflict with the laws of the State of Michigan, the Charter or ordinances of the City of Battle Creek, or by these by-laws. Section 9. Conflict of Interest. A conflict of interest exists when a member of a public body has an economic, personal, or family connection to a matter before them, which may prevent, or appear to prevent, an objective vote. The following shall apply in determining whether a conflict of interest in fact exists; the obligations of a member with a conflict of interest, or a potential conflict of interest; and the consequences of failing to disclose a potential conflict, or abstaining from voting where there is no conflict of interest. (a) "Conflict of interest" shall be defined as a material financial interest, or where a member has a legal or fiduciary duty to another organization or entity, or personal relationship that may give the appearance of a conflict of interest in a matter presented for action. For purposes of this section, a "material financial interest" shall be defined as one in which the member will directly benefit in an amount exceeding $250.00, or receive a benefit exceeding a fair market value of $250.00 in a matter presented for action. Additionally, a public officer shall not engage in or accept employment or render services for a private of public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee’s official duties or when that employment may tend to impair their judgment or action in the performance of official duties. (b) Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Historic District Commission. If a conflict of interest in fact exists, then the member is disqualified from discussion or voting on that matter in his or her capacity as a Commission member. (c) Even if the member does not disqualify themselves based upon a conflict of interest, the member may be disqualified from discussion or voting on that matter in their capacity as a Commission member by a majority vote of the remaining members of the Historic District Commission. (d) Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. (e) Abstaining from voting where either the City Attorney's Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining members of the Historic District Commission as set out in above subsection (c), that no conflict of interest exists, constitutes nonfeasance in office. ARTICLE VI Order of Business Section 1 The order of business at all regular meetings of the Historic District Commission, as far as practicable, shall be as follows: 1. Call to Order 2. Roll Call 4|Page Adopted 10/10/2011 Revised month/day/2024  13 of 46 2.3.Additions or Deletions to Agenda 4. Approval of Minutes of Previous Meeting 5. Written Correspondence 6. Old Business 3.7.New Business 4. Changes or Additions to Agenda 5.8. Comments by the Public on Agenda Items 6. Communications 7. Old Business 8. New Business 9. Commission Member Comments Comments by the Members 9.10. Staff Comments 10.11. Adjournment 11. General Comments by the Public ARTICLE VII Commission Business Section 1. Additional Commissioner Considerations. The following matters, in addition to those required by law and pursuant to Section 1470.15 of the Historic Preservation District Ordinance, may be presented for consideration at any meeting of the Historic District Commission. (a) Approval of all plans and reports, or any part or extension thereof, or amendment or addition thereto, requiring action by the said cHistoric District Commission, prior to public or general distribution. (b) Approval of budget requirements for the fiscal year and requests for appropriations. (c) Such other matters as the Chairperson or City Planning and Zoning Division staff shall find it advisable or essential to receive consideration by the Historic District Commission. Section 2. Not to be Limited. Section 1 of this Article shall in no way limits the business of the Historic District Commission. ARTICLE VIII Contractual Services Section 1 The Historic District Commission may contract with planners, engineers, architects, and other consultants for such services as it may require. ARTICLE IX Minor Classes of Work Section 1. Administrative Approval . The Historic District Commission delegates the City Planning and Zoning Division sStaff as the authority to approve and issue certificates of appropriateness for minor classes of work as outlined in the Resolution titled “Historic District Commission Resolution Delegating Minor Classes of Work for Staff Approval” approved revised on November 8, 2010 month, day, 2024. Section 2. Administrative Approval Reporting. The City Planning and Zoning Division sStaff will prepare a list for the Historic District Commission of any and all certificates of appropriateness for minor classes of work issued by staff at the next regularly scheduled meeting held by the Commission. 5|Page Adopted 10/10/2011 Revised month/day/2024  14 of 46 Section 3. Administrative Approval Evaluation Process. On at least a quarterly basis, the Historic District Ccommission shall review the certificates of appropriateness, if any, issued for work by its staff, the inspector, or another authority to determine whether or not the delegated responsibilities should be continued. ARTICLE X Amendments Section 1 These by-laws may be altered or amended by a vote of no less than five (5) members of the Historic District Ccommission, notice having been given in writing of the proposed alteration or amendment at a previous meeting of the said cCommission. Approved and Adopted on this date: BATTLE CREEK HISTORIC DISTRICT COMMISSION October 10, 2011 [month, day, 2024] _________________________________ By: _____________________________ Its: Chairperson 6|Page Adopted 10/10/2011 Revised month/day/2024  15 of 46 BY-LAWS OF THE HISTORIC DISTRICT COMMISSION OF THE CITY OF BATTLE CREEK ARTICLE I POWERS AND DUTIES The powers and duties of the Historic District Commission of the City of Battle Creek are pursuant to Act No. 169, Public Acts of Michigan, 1970, being MCL, Section 399.201 et seq., as amended. ARTICLE II MEMBERS Section 1. Membership. The Historic District Commission shall consist of seven (7) members residing in the city one of whom shall be a duly registered architect, if such a qualified person is available for appointment. Members shall be appointed by the Mayor subject to the approval by a majority vote of the City Commission elected and serving. Appointments shall be for three-year terms, except the initial appointments shall provide for three three-year terms, two two-year terms, and two one-year terms so that subsequent appointments shall not recur at the same time. Two of the initial three-year term appointments shall be made from a list of citizens submitted by a duly organized and existing preservation society or societies. A majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. All terms terminate on January 1, except that a member shall continue in office until a successor is appointed and takes office. Members shall be eligible for reappointment. Section 2. Removal. The City Commission may remove a member of the Historic District Commission for misfeasance, malfeasance, or nonfeasance in office. (a) Any member of the Historic District Commission who is absent from three or more regularly scheduled meetings in a 12-month period, may be removed by two-thirds of the vote of the Commission members present. (b) The Historic District Commission or the City Commission may after a hearing, remove a member of the Commission for neglect of duty. Section 3. Vacancies. In the event a vacancy on the Historic District Commission occurs, an interim appointment shall be made by the Mayor subject to the approval by a majority vote of the City Commission elected and serving to complete the unexpired term. A vacancy on the Historic District Commission shall be filled within 60 calendar days by an appointment made by the appointing authority. ARTICLE III OFFICERS AND THEIR DUTIES Section 1. Selection. At the first regular meeting of each year, which shall be held on the second Monday of each month, the Historic District Commission shall elect a Chairperson and a Vice-Chairperson. All officers are eligible for re-election. Section 2. Tenure. The Chairperson and Vice-Chairperson shall take office immediately following their selection and shall hold office for a term of one year or until their successors are selected and assume office. Section 3. Chairperson. The Chairperson shall be elected from amongst the appointed members of the Historic District Commission. The Chairperson shall preside at all meetings and hearings of the Commission, and shall have and perform the duties incident to the office of the Chairperson. The Chairperson shall decide, subject to these by-laws, all questions of order and procedure, unless otherwise directed by a majority of the Commission 1|Page Revised: month/day/2024  16 of 46 in session at the time, and shall have the privilege of discussing all matters before the Commission and voting thereon. Section 4. Vice-Chairperson. The Vice-Chairperson shall be elected from amongst the appointed members of the Historic District Commission, and shall act for the Chairperson in their absence. Section 5. Secretary. The City Planning and Zoning Division shall provide clerical and staff assistance sufficient to carry out the intent of these by-laws. (a) They shall keep a record of the resolutions, transactions, findings and determinations of the Historic District Commission, which record shall be a public record; (b) Shall prepare, under supervision of the Chairperson, the agenda for all regular and special meetings of the Historic District Commission; (c) Shall provide notice of all meetings of the Historic District Commission; (d) And shall have and perform such other duties as are incident of the office of Secretary. Section 6. Other Duties. Other duties of the Chairperson and Vice-Chairperson shall be such as the Historic District Commission shall prescribe. ARTICLE IV NOMINATION AND ELECTION OF OFFICERS Section 1. Terms of Office. Officers of the Historic District Commission shall be Historic District Commission members, and be nominated and elected annually by and from a majority of its members at their first annual meeting.. Officers shall hold office for one (1) year or until their successor shall take office. The Officers are eligible for reelection. Section 2. Vacancies. Vacancies in office shall be filled for the unexpired term by regular election procedure at the next regular meeting following such vacancy, or at a special meeting called for that purpose. ARTICLE V MEETINGS Section 1. Regular Meeting Date. Regular meetings of the Historic District Commission shall be held on the second (2nd) Monday of each month at City Hall in an appropriately designated room. However, in the event that there are no permit applications or other matters to be heard, the Chairperson of the Board may cancel said meeting and shall notify all Commission members of said cancellation. Section 2. Quorum. A majority of the members of the Historic District Commission shall constitute a quorum for the transaction of business. The concurring vote of four members of the Commission shall be necessary to issue a certificate of appropriateness and/or a notice to proceed. Other actions of the Commission shall require a simple majority of members present constituting a quorum. Section 3. Special Meetings. Special meetings of said Historic District Commission may be held at any time upon call of the Chairperson, or shall be called by request of at least three (3) members of said Commission. Notice of the time, place, and purpose of any special meeting shall be given to each member not less than one (1) day in advance of such meeting. The business considered or transacted at any special meeting shall be restricted to that stated in the notice or call, unless by consent of at least four (4) members present at such meeting. Section 4. Reserved. 2|Page Revised: month/day/2024  17 of 46 Section 5. Open Meetings Act. All meetings shall be open to the public and conform to the Michigan Open Meetings Act, being Act 267 of the Public Acts of 1976, as amended. Any person shall be entitled to appear and be heard on any matter before the Historic District Commission before it reaches its decision, subject to the rules of procedure as later provided in these by-laws. Public notice of the time, date and place of the meeting shall be given in the manner required by the Open Meetings Act. A meeting agenda shall be part of the notice and shall include a listing of each application to be reviewed or considered by the Commission. The Commission shall keep a record, which shall be open to public view of its resolutions, proceedings, and actions. Section 6. Public Comment. Any person or a representative of such person shall be entitled to appear and be heard on any matter before the Historic District Commission before it reaches its decision at the time provided for in Article VI and under the following rules: (a) During the consideration of specific matters by the Historic District Commission, speakers addressing the Commission shall limit their comments to the specific issue being considered. A three-minute time limit is imposed per speaker, per matter considered. The three-minute limit may be lengthened or shortened by the Chairperson or other presiding officer, when appropriate, taking into consideration such factors as the number of individuals seeking to make comment. (b) During the general public comment portion of the meeting, speakers may address the Historic District Commission on any matter within the control and jurisdiction of the Historic District Commission. A speaker shall be permitted to address the Commission once, for up to three minutes. (c) An individual wishing to address the Historic District Commission shall wait to be recognized by the Chairperson or other presiding Commissioner before speaking. An individual wishing to address the Commission shall raise their hand and wait to be recognized by the Chairperson before speaking and shall identify themselves by name and address and, if appropriate, group affiliation for the record. (d) Speakers shall address all remarks to the Historic District Commission as a whole, and not to individual Commissioners. Speakers shall not address their remarks to members of the public in attendance at the meeting. (e) A speaker will be ruled out-of-order by the Chairperson or other presiding officer and the Historic District Commission will continue with its business when the speaker: 1. Becomes repetitive or speaks longer than the allotted time; 2. Attempts to yield any unused portion of time to other speakers; 3. Engages in a personal attack upon a city employee, administrator or Commissioner only if the personal attack is totally unrelated to the manner in which the employee, administrator or Commissioner carries out their public duties or office; 4. Uses obscene or profane language; 5. Engages in slanderous or defamatory speech; 6. Uses derogatory racial, sexual or ethnic slurs or epithets relating to any individual or category of persons; or 7. Engages in conduct that interrupts or disrupts the meeting. Section 7. Annual Report. The Historic District Commission shall submit an annual report of its activities to the Planning Commission and the City Commission. Section 8. Robert’s Rules of Order Govern. Parliamentary practice at the meetings of the Historic District Commission shall be governed, where applicable, by Roberts Rules of Order, except where in conflict with the laws of the State of Michigan, the Charter or ordinances of the City of Battle Creek, or by these by-laws. Section 9. Conflict of Interest. A conflict of interest exists when a member of a public body has an economic, personal, or family connection to a matter before them, which may prevent, or appear to prevent, an objective vote. The following shall apply in determining whether a conflict of interest in fact exists; the obligations of a 3|Page Revised: month/day/2024  18 of 46 member with a conflict of interest, or a potential conflict of interest; and the consequences of failing to disclose a potential conflict, or abstaining from voting where there is no conflict of interest. (a) "Conflict of interest" shall be defined as a material financial interest, or where a member has a legal or fiduciary duty to another organization or entity, or personal relationship that may give the appearance of a conflict of interest in a matter presented for action. For purposes of this section, a "material financial interest" shall be defined as one in which the member will directly benefit in an amount exceeding $250.00, or receive a benefit exceeding a fair market value of $250.00 in a matter presented for action. Additionally, a public officer shall not engage in or accept employment or render services for a private of public interest when that employment or service is incompatible or in conflict with the discharge of the officer or employee’s official duties or when that employment may tend to impair their judgment or action in the performance of official duties. (b) Before casting a vote on a matter on which a member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the Historic District Commission. If a conflict of interest in fact exists, then the member is disqualified from discussion or voting on that matter in his or her capacity as a Commission member. (c) Even if the member does not disqualify themselves based upon a conflict of interest, the member may be disqualified from discussion or voting on that matter in their capacity as a Commission member by a majority vote of the remaining members of the Historic District Commission. (d) Failure of a member to disclose a potential conflict of interest as required by this subsection constitutes malfeasance in office. (e) Abstaining from voting where either the City Attorney's Office has issued an opinion (verbal or written), or there has been a majority vote of the remaining members of the Historic District Commission as set out in above subsection (c), that no conflict of interest exists, constitutes nonfeasance in office. ARTICLE VI Order of Business The order of business at all regular meetings of the Historic District Commission, as far as practicable, shall be as follows: 1. Call to Order 2. Roll Call 3. Additions or Deletions to Agenda 4. Approval of Minutes 5. Written Correspondence 6. Old Business 7. New Business 8. Comments by the Public 9. Commission Member Comments 10. Staff Comments 11. Adjournment ARTICLE VII Commission Business Section 1. Additional Commissioner Considerations. The following matters, in addition to those required by law and pursuant to Section 1470.15 of the Historic Preservation Ordinance, may be presented for consideration at any meeting of the Historic District Commission. 4|Page Revised: month/day/2024  19 of 46 (a) Approval of all plans and reports, or any part or extension thereof, or amendment or addition thereto, requiring action by the Historic District Commission, prior to public or general distribution. (b) Approval of budget requirements for the fiscal year and requests for appropriations. (c) Such other matters as the Chairperson or City Planning and Zoning Division staff shall find it advisable or essential to receive consideration by the Historic District Commission. Section 2. Not to be Limited. Section 1 of this Article shall in no way limit the business of the Historic District Commission. ARTICLE VIII Contractual Services The Historic District Commission may contract with planners, engineers, architects, and other consultants for such services as it may require. ARTICLE IX Minor Classes of Work Section 1. Administrative Approval. The Historic District Commission delegates the City Planning and Zoning Division staff as the authority to approve and issue certificates of appropriateness for minor classes of work as outlined in the Resolution titled “Historic District Commission Resolution Delegating Minor Classes of Work for Staff Approval” revised on month, day, 2024. Section 2. Administrative Approval Reporting. The City Planning and Zoning Division staff will prepare a list for the Historic District Commission of any and all certificates of appropriateness for minor classes of work issued by staff at the next regularly scheduled meeting held by the Commission. Section 3. Administrative Approval Evaluation Process. On at least a quarterly basis, the Historic District Commission shall review the certificates of appropriateness, if any, issued for work by its staff, the inspector, or another authority to determine whether the delegated responsibilities should be continued. ARTICLE X Amendments These by-laws may be altered or amended by a vote of no less than five (5) members of the Historic District Commission, notice having been given in writing of the proposed alteration or amendment at a previous meeting of the Commission. Approved and Adopted on this date: BATTLE CREEK HISTORIC DISTRICT COMMISSION month, day, 2024 _________________________________ By: _____________________________ Its: Chairperson 5|Page Revised: month/day/2024  20 of 46 Battle Creek Historic District Commission Staff Report 178 West Manchester St. Staff Report Meeting: March 11, 2024 To: Historic District Commission From: CJ Sivak-Schwennesen Date: March 4, 2024 Subject: The petition, filed by the Calhoun County Land Bank Authority is for a Notice to Proceed to demolish a residential structure at 178 W. Manchester St. that will comply with zoning and historic district commission requirements. The subject parcel is located within the Old Advent Town local historic district. Summary Staff recommends the approval of the subject Notice to Proceed because the application meets Chapter 1470.09 “Review of Applications”, as well as Criterion 1, 3, and 4 of Chapter 1470.11 “Demolition by Neglect”. Figure 1: Red pin on aerial points to subject site (178 W. Manchester St.). Photo courtesy of Google Maps. Site & History According to the City of Battle Creek’s assessor’s data, the building is a single-family two story home constructed in 1870. The house sits on the north side of W. Manchester St. between N. Wood St. and N. Kendall St. The property was first identified as Abandoned or Vacant in 2010, with enforcements for Abandoned or Vacant buildings occurring in 2021 and 2024. The property has been vacant since 2010,  21 of 46 with the owner having confirmed that the property is vacant and that he intended it to remain that way. The property is currently in disrepair. Figure 2: Street view of the subject site at 178 W. Manchester St., February 2024. Photo courtesy of City of Battle Creek staff. Summary of Request The Calhoun County Land Bank Authority has filed a Notice to Proceed request to demolish the structure at 178 W. Manchester St. due to lack of maintenance and rehabilitation costs being prohibitively high. At present, the windows are either boarded up or missing with some damage to the roof and exterior siding. The interior has experienced significant deterioration due to continued exposure to the outdoors. The rear addition to the home is unable to be rehabilitated due to other damage within the house. Project Description The building at 178 W. Manchester St. is a single-family residential structure, facing south and located between N. Wood St. and N. Kendall St. The structure was first identified as vacant in 2010, when an Abandoned/Vacant Building enforcement was opened. When the previous owner was spoken with regarding the enforcement in 2010, he stated that he intended for the property to remain empty. The Calhoun County Land Bank came into possession of the property in July 2022. In 2012, a resident called in a complaint that someone was renting out rooms without heat and kitchen utilities, but this was investigated and no violation was found. A second Abandoned/Vacant Building enforcement was opened in 2021. Broken windows on the east side of the property were identified in February 2021 and compliance was recorded in April 2021. 2 of 5  22 of 46 A currently pending Abandoned/Vacant Building enforcement was opened in 2018 and establishes that the building has been without utilities since 2015, which covers two of the previous enforcements. It highlights that the property has several violations, including that the building is Dangerous/Condemned and that there was no water, power, or gas on at the time of inspection. These were all identified during an inspection in 2023. The property has been actively monitored since this enforcement, with the most recent date of monitoring being 2/8/2024. Applicable HDC Guidelines and Analysis for a Notice to Proceed for demolition at 178 W. Manchester St. This property is reviewed in accordance with City of Battle Creek Building and Housing Code Chapter 1470 "Historic Preservation", as amended, the Michigan Local Historic Districts Act, as amended, and the criteria for the National Register of Historic Places as outlined in the Secretary of the Interior's Standards and Guidelines. Generally, demolition of a structure will not comply with the standards outlined in the Secretary of Interior’s Standards and Guidelines. A demolition by not correcting building code and general building maintenance is likely considered a ‘demolition by neglect’. See the definition below. 1470.11 DEMOLITION BY NEGLECT Upon a finding by the Historic District Commission that a historic resource within a Building Inspection Department Historic District or proposed Historic District is threatened with demolition by neglect, the Commission may require the owner of the resource to repair all conditions contributing to demolition by neglect. If the owner does not make repairs within a reasonable time, the Commission or its agents may enter the property and make such repairs as are necessary to prevent demolition by neglect. The cost of the work shall be charged to the owner and may be levied by the City as a special assessment against the property. The commission or its agents may enter the property for purposes of this section upon obtaining an order from the Circuit Court. If this type of demolition causation is determined, the City may take corrective action (building renovation) themselves if the owner cannot or is unwilling. As discussed above, an extended period of vacancy and lack of care has left the property in violation of city code. For the property to be repaired and rehabilitated in its current condition, it is estimated to cost $182,880. This is considered outside of the ability of both the Calhoun County Land Bank Authority and the City of Battle Creek. Today’s application is for demolition of the building and would satisfy the outstanding building code violations. At this time, the City is not likely going to make the repairs themselves. If the standards outlined in the Secretary of Interior’s Standards and Guidelines cannot be met, the State Act and local ordinance (Ch. 1470.09(e)) states that a notice to proceed shall be issued if any one of the following criteria is met. (e) Work within a Historic District shall be permitted through the issuance of a notice to proceed by the Commission if any of the following conditions prevail and if the proposed work can be demonstrated by a finding of the Historic District Commission to be necessary to substantially improve or correct any of the following conditions: (1) The resource constitutes a hazard to the safety of the public or to the structures and occupants. 3 of 5  23 of 46 As stated earlier, the structure at 178 W. Manchester St. has been significantly damaged due to neglect through its extended vacancy. Photos provided of the exterior of the house demonstrate that most of the windows are broken or missing and the roof and siding have experienced moderate damage. Photos provided of the interior of the house show that the floor is highly damaged, as well as missing ceiling tiles on the first and second floors, and a degraded, unfinished basement. In addition, as a result of an inspection conducted by the City of Battle Creek on March 15, 2023, the building was identified as Dangerous/Condemned, which indicates that the structure located at this property is considered a hazard to the safety of the public and to anyone who enters the structure. Based on all of these considerations, the building, as it currently stands, poses a potential hazard to the safety of the public. This criterion is met. (2) The resource is a deterrent to a major improvement program that will be of substantial benefit to the community, and the applicant proposing the work has obtained all necessary planning and zoning approvals and financing and environmental clearances. Based on staff’s records, this property is not a deterrent to a major improvement program as set forth by this criterion. This criterion is not met. (3) Retaining the resource will cause undue financial hardship to the owner when a governmental action, an act of God, or other event beyond the owner’s control created the hardship, and all feasible alternatives to eliminate the financial hardship, which may include offering the resource for sale at its fair market value or moving the resource to a vacant site within the Historic District, have been attempted and exhausted by the owner. The current owner, the Calhoun County Land Bank Authority, came into ownership of this property via foreclosure in 2022. The existing violations on the home primarily stem from neglect, which was within the previous owner’s control. Under normal circumstances, the existing lack of maintenance on a property would become the responsibility of the new owner. However, since the ownership change was involuntary, it is not assumed that the Calhoun County Land Bank Authority obtained the property with the intent or resources available to rehabilitate the property. In addition the cost estimate provided by the Calhoun County Land Bank Authority has been identified as both beyond the SEV of the property and beyond the capacity of the Calhoun County Land Bank Authority. This means that selling the resource at its fair market value is not a feasible method recouping the cost of repairs and does not address the outstanding violations. Moving the resource similarly does not address the outstanding violation. Given these circumstances, retaining the resource is determined to cause undue financial hardship on the Calhoun County Land Bank Authority. This criterion is met. (4) Retaining the resource is not in the interests of the majority of the community. 4 of 5  24 of 46 The resource on the subject property is the house itself. No previous attempts have been made to maintain the house in a habitable states by the previous owner, along with mixed compliance to enforcements at the property since 2010. The property has maintained its noncompliance regarding Abandoned/Vacant Structure enforcement since 2018. The result of this deterioration is a building identified as Dangerous/Condemned by the City, as discussed with regard to Criterion 1. The building has become blighted with no financially feasible method of rehabilitation. As a source of blight without remediation possibility, retaining the resource is not within the interests of the majority of the community. This criterion is met. Analysis and Recommendation for Notice to Proceed The Calhoun County Land Bank Authority submitted an application for a Notice to Proceed to demolish the structure at 178 W. Manchester St. Staff finds that Criterion (e)(1), (3), and (4) are met. Therefore, planning staff is recommending that a Notice to Proceed be issued to the applicant (Calhoun County Land Bank Authority) for the demolition of the structure located at 178 W. Manchester St., as it is the opinion of staff that the building constitutes a safety hazard to the public, retaining the resource causes undue financial hardship, and that retaining the resource is not in the interest of the majority of the community. Support Material Historic District Commission Application Photos of Subject Property Cost Estimate for Repairs to Subject Property 5 of 5 25 of 46 26 of 46 27 of 46 28 of 46 29 of 46 30 of 46 31 of 46 32 of 46 33 of 46 34 of 46 35 of 46 36 of 46 37 of 46  38 of 46 Battle Creek Historic District Commission Staff Report 28 Woodmer Ln. Staff Report Meeting: March 11, 2024 To: Historic District Commission From: CJ Sivak-Schwennesen Date: February 26, 2024 Subject: The petition, filed by Mark Thomas, 28 Woodmer Ln., is for a Certificate of Appropriateness for the proposed installation of a hot tub/spa in the rear yard. Summary Staff recommends approval of the subject petition at 28 Woodmer Ln., as the proposed installation meets the standards outlined in Chapter 1470.09 “Review of Applications”, Chapter 1470.17 “Preservation of Historic Features”, and the Secretary of the Interior’s Standards and Guidelines, and does not involve the replacement or rehabilitation of any existing historic resources. Figure 1: Red pin on aerial points to subject site (28 Woodmer Ln.). Photo courtesy of Google Maps. Site & History The subject site is located at 28 Woodmer Ln. north of Merwood Dr. E. within the Merritt Woods local historic district. The Merritt Woods Historic District, originally platted in 1921, features primarily Colonial Revival and English Tudor Revival single-family residences. The district was added to the National Register of Historic Places on June 17, 1994.  39 of 46 The subject property consists of a 2,592 sq. ft. one story single-family home constructed in 1940. The home is clad in brick, which is original to the home. There are no previous requests for Certificates of Appropriateness at this property. Figure 2 provides a view of the home from the street, captured in June 2023 by Google Street View. Figure 2: Street view of the subject site at 28 Woodmer Ln., June 2023. Photo courtesy of Google Street View. Summary of Request The applicant has filed the subject HDC Certificate of Appropriateness application for the installation of a hot tub/spa in the rear yard behind the existing deck. There are no appearance changes to any existing buildings or structures. The spa is going to be placed in a wooded area in the rear yard. The scope of work does not involve any repair or maintenance to the existing buildings or structures. Applicable HDC Guidelines and Analysis for a Certificate of Appropriateness for Window Replacements at 28 Woodmer Ln. This property is reviewed in accordance with City of Battle Creek Building and Housing Code Chapter 1470 "Historic Preservation", as amended, the Michigan Local Historic Districts Act, as amended, and the criteria for the National Register of Historic Places as outlined in the Secretary of the Interior's Standards and Guidelines. Specifically, the Commission shall follow Section 1470.09 “Review of Applications”, as follows: (b) The Commission shall also consider all of the following: (1) The historic or architectural value and significance of the resource and its relationship to the historic value of the surrounding area. 2 of 5  40 of 46 (2) The relationship of any architectural features of the resource to the rest of the resource and the surrounding area. (3) The general compatibility of the design, arrangement, texture, and materials proposed to be used. (4) Other factors, such as aesthetic value that the Commission finds relevant. (c) The Historic District Commission shall review and act upon only exterior features of a resource and shall not review and act upon interior arrangements… And 1470.17 PRESERVATION OF HISTORIC FEATURES. (a) Every reasonable effort shall be made to provide a compatible use for a resource which requires minimal alteration of the building, structure or site and its environment, or to use the resource for its originally intended purpose. Staff finds that there is no alternation to existing buildings and structures. The new installation is proposed to have minimal alteration to the rear yard area and preserve the surrounding wooded area. The Commission may find this standard to be met. (b) The distinguishing original qualities or character of a resource and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible. Staff finds that no original qualities or character of the resource will be removed or destroyed. Similarly, removal or alteration of existing historic material or distinctive architectural features is not included in the scope of work. The Commission may find this standard to be met. (c) All resources shall be recognized as products of their own time. Alterations that have no historic basis and which seek to create an earlier appearance shall be discouraged. Staff finds that there are no alterations to the existing structures or buildings that would have no historic basis or create an earlier appearance. The Commission may find this standard to be met. (d) Changes which may have taken place in the course of time are evidence of the history and development of a resource and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 3 of 5  41 of 46 Staff finds that there are no proposed alterations that would jeopardize any changes to existing buildings or structures. The Commission may find this standard to be met. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a resource shall be treated with sensitivity. Staff finds that no distinctive stylistic features or examples of skilled craftsmanship will be impacted by this proposal. The Commission may find this standard to be met. (f) Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other resources. Staff finds that no repair or replacement of existing resources will be occurring during this proposal. The Commission may find this standard to be met. (g) The surface cleaning of resources shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic materials shall not be undertaken. Staff is unaware of any surface cleaning methods needed for this project. Nonetheless, staff recommends a condition of approval that the use of sandblasting or other damaging cleaning methods not be used. (h) Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project. Staff recommends a condition of approval that if any archaeological resources are discovered that the applicant contact the City of Battle Creek, since the installation will likely require groundwork. (i) Contemporary design for alterations and additions to existing resources shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 4 of 5  42 of 46 Staff finds that no alterations or additions to existing resources will be occurring during this proposal. The Commission may find this standard to be met. (j) Whenever possible, new additions or alterations to resources shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the resource would not be impaired. Staff finds that the proposed installation of the spa will not impair the essential form and integrity of the existing resources. The Commission may find this standard to be met. Recommendation The applicant’s proposed installation of a new hot tub/spa in the rear yard of 28 Woodmer Ln., is state to not involve any alteration, repair, or maintenance of existing buildings or structures. With its placement in a wooded area of the rear yard, the new spa is not expected to alter the view of the property from the street or compromise any historical value currently held by the resource. With staff’s recommended conditions, the proposed work complies within the standards outlined in Chapter 1470 “Historic Preservation” and should be approved. As contained herein, staff is not aware of any issues that the Commission might find in conflict with Chapter 1470 “Historic Preservation”, the Michigan Local Historic District Act, or the Secretary of the Interior’s Standards and Guidelines. Therefore, planning staff recommends approval of a Certificate of Appropriateness for the proposed installation of a new hot tub/spa in the rear yard of the property at 28 Woodmer Ln., as the request meets the standards outlined in Section 1470.09 “Review of Applications,” Section 1470.17 “Preservation of Historic Features” and the Secretary of the Interior’s Standards and Guidelines, as outlined in the staff report, with the following conditions: • Any archaeological or historically significant resources discovered during the construction process be preserved and reported to the City of Battle Creek. • Sandblasting and similarly harsh surface cleaning be avoided if they are used during the construction process. Support Material Historic District Commission Application 5 of 5 43 of 46 44 of 46 45 of 46 46 of 46