Historic Preservation Commission

MINUTES REGULAR MEETING OF THE CITY OF CLEVELAND HISTORIC PRESERVATION COMMISSION WILL BE HELD ON TUESDAY, AUGUST 4, 2015 AT 5:15 PM CLEVELAND MUNICIPAL BUILDING 190 CHURCH STREET NE The regular meeting of the Historic Preservation Commission was called to order by Corey Divel, Senior Planner, on August 4, 2015 in the absence of the Chairman and Vice Chairman. This meeting was delayed one week due to no advertisement of the regular scheduled meeting on July 28, 2015. A motion was made Rufus Triplett to appoint Randy Wood as temporary chair for this meeting. Joan Benjamin seconded the motion. The motion was passed with the approval of Sarah Coleman, Phyllis Callaway, Rufus Triplett, Joan Benjamin and Randy Wood. Members present included Sarah Coleman, Phyllis Callaway, Joan Benjamin, Randy Wood and Rufus Triplett. Members absent were Maryl Elliott. Staff present was Corey Divel, Senior Planner, Darla Jenkins, Administrative Assistant, and Allen Johnson, Code Enforcement Inspector. Others present were Gaby Hoskins, Tricia Pennington, and Joyanna Love of The Cleveland Daily Banner. Corey Divel informed members there was an opening on the commission and a new chairman would be voted on at the August 25, 2015 meeting. Minutes of the June 23, 2014 and July 9, 2015 re-adjourned meeting were presented for approval. Doug Wood requested a change in the Tuesday, July 9, 2015 Re-adjourned meeting minutes. Under the Board Member’s Report, the last sentence in the first paragraph needed one of the words “not” removed. The sentence should read as “He also did concur with the Commission that he did not feel the solar panels on 15th St were appropriate.” Joan Benjamin made a motion to accept the minutes of June 23, 2014 as is, and the July 9, 2015 minutes with the change. Sarah Coleman seconded the motion to approve. A vote of 5-0 passed the motion. There were no Public Hearings. In Old Business, Page 1 of 5 Phyllis Callaway asked about the status of the alternates. Corey Divel stated he had not heard of any recommendations from the Mayor’s office or Council. He would check on this matter. Phyllis Callaway requested the minutes reflect the discussion of alternates. In New Business, Corey Divel introduced Allen Johnson, City Code Enforcement Inspector, for the area including the Historic District. a. Tricia Pennington requests an amendment/clarification for her Certificate of Appropriateness at 440 Centenary Ave NW (Tax Map 49L Group A Parcel 9.00). The property is zoned R1 Single Family Residential (pg1). Rufus Triplett made a motion to approve and Sarah Coleman seconded the motion. A vote of 5-0 passed the motion. b. Jerry and Tamara Smith request a Certificate of Appropriateness for work at 330 Centenary Ave NW (Tax Map 49L Group B Parcel 6.00). The property is zoned R1 Single Family Residential (pg6). On Item 1, the dormers will have the asphalt shingles removed from the sides and replaced with a siding, hardy board or vinyl. Joan Benjamin requested hardy board. Mr. Smith agreed and will replace with hardy board providing an appropriate width can be found. On Item 2, Mr. Smith wished to replace the five inch gutters with the same type of gutters but improving the function with six inch gutters. On Item 3, Mr. Smith requested the removal of a side stoop and extending the driveway to the rear of the home with a pea graveled 20 x 20 parking area. Rufus Triplett stated the side stoop was not original to the home. Rufus Triplett made a motion to approve the items 1, 2, & 3. Sarah Coleman seconded the motion. A vote of 5-0 passed the motion. Randy Wood and Rufus Triplett suggested Mr. Smith return to a historic preservation meeting with drawings and details when Mr. Smith was ready to build Item 4, the proposed deck on the back of the home and, Item 5, other future improvements. Randy Wood stated the Historic Preservation Commission is favorable on the last two items depending on the actual details. It must be within eighteen months. Mr. Smith was agreeable to come back to amend the Certificate of Appropriateness. Page 2 of 5 In Other Projects, Corey Divel stated he had about four customers to call after the advertisement went to The Cleveland Daily Banner. They could not be added to the agenda. Corey Divel presented Elizabeth “Gaby” Hoskins of 220 17th Street. She wished to replace a thirty plus year old wooden fence running along 17th and Chambliss Avenue that is falling down with another new wooden fence being 6.5 feet tall for privacy. She was afraid it would fall into Chambliss Avenue. This item was not advertised and previously would have been handled administratively. Corey Divel stated this item meets the requirements of being administratively approved as described in the design guidelines Randy Wood stated it was a repair. Mrs. Hoskins stated it was a replacement. Staff no longer makes any decisions and every item must be introduced to the Historic Preservation Commission as suggested by the City Attorney, John Kimball. Rufus Triplett stated the question was if the commission could do anything legal since this item was not advertised. Randy Wood said it would be appropriate to allow staff to make this decision. Corey Divel said the commission could give direction to staff and it would be appropriate. Phyllis Callaway asked if the advertisement was published so neighbors would know. Corey Divel said yes and any time we have a deliberating body, we must also follow the Sunshine Law. Sarah Coleman stated that items that would typically and per the guidelines would be approved by staff. She stated,in the past, this would be something Corey Divel would have said yes and this item would have never even come to the Historic Commission. Corey Divel said that’s what the guidelines still technically say. Sarah Coleman said the commission should give Corey Divel some direction and support his decision. Joan Benjamin stated if something is approved administratively, the commission should be told and not caught off guard. She stated that’s been the problem most recently. Corey Divel stated he listed the solar panels as a staff update or other project in the packets sent to the commission members. Joan Benjamin stated the commission should be notified so they could discuss it at least, according to the information Dr. Baker brought at the last meeting. Rufus Triplett stated he was hoping John Kimball would give the commission some guidelines, or Janice Casteel or Melinda Carroll could give the commission some guidelines on do we, or who contracts with the attorney in Chattanooga to start being able to advise. Phyllis Callaway asked if Corey Divel had the authority to give Mrs. Hoskins permission. Corey Divel stated according to the guidelines he could. Phyllis Callaway stated we could change something going forward as the commission. The commission hadn’t changed the guidelines yet so she thought Corey Divel could do the fence. Corey Divel stated John Kimball had stated in a meeting the power of the Certificate of Appropriateness was vested with the commission and they move away from administrative decisions. Rufus Triplett made a motion to accept the staff recommendation to allow Mrs. Hoskins to proceed with replacing the fence at 17th Street and Chambliss Avenue. Page 3 of 5 Sarah Coleman seconded the motion. Joan Benjamin recused herself due to Mrs. Hoskins being a client. Voting to approve was Randy Wood, Phyllis Callaway, Rufus Triplett and Sarah Coleman. Randy Wood stated he thought this captured the spirit of following the guidelines to the letter that the staff has that authority per the guidelines approved by the City of Cleveland in that decision and the commission is just concurring with staff. Corey Divel stated the design guidelines were not approved by City Council just by the Historic Preservation Commission. Rufus Triplett stated the guidelines were in line with the Tennessee statue that Dan Brown brought at the last meeting. Sarah Coleman leaves at 5:59 P.M. Rufus Triplett stated Dan Brown made the commission aware the place for our decisions to go if there is an issue is court but was a little vague of whether it was circuit or chancery court. Corey Divel stated it might go to either one. Rufus Triplett stated if it was appropriate to ask John Kimball to attend a work meeting with the commission and staff, so that the decisions that are made are in a format definitive enough that they work in a court case. Rufus Triplett stated he did not want it laborious for the commission but he did want it done right. Corey Divel stated he wondered if there was a way to do voting electronically means. Phyllis Callaway asked if that was for every inquiry. Corey Divel stated yes unless it was obvious that it must come before the commission. Phyllis Callaway stated what if Corey Divel made a decision and then informs the commission had been made. Corey Divel stated he was doing that now. Randy Wood stated a work session, like the council has, or a training session would work. It would not be a meeting. Rufus Triplett stated he wanted the actions of the commission to stand up in the court of appeals. Phyllis Callaway stated what would the attorney be looking into, maybe the policies to make sure the commission follows the law. Rufus Triplett stated the commission should have someone ongoing, on a case by case basis. Rufus Triplett asked if it was appropriate if they, as the commission, send an invitation to Melissa Mortimer of the South East Tennessee Development District to attend each meeting. Corey Divel stated he could send an email to the director, Chuck Hammons, and copy Melissa Mortimer, as a request to the organization. In the Board Member Report, Joan Benjamin stated there was a travel trailer located at a house on 17th street about four houses Deer Park. It’s been there two weeks. Also, there is a car parking problem. She had just informed Allen Johnson earlier at the meeting. Rufus Triplett stated he drove by the burned out house on 14th Street in the historic preservation district and it looked well. Phyllis Callaway stated the garage was incorporated into a great room and looks great. Joan Benjamin asked how did this Page 4 of 5 get approved? Corey Divel stated Bryan Turner, the chief building official, emailed every member of the historic preservation commission the information of the house. Randy Wood stated it was a repair and repairs did not have to be approved. Corey Divel stated Bryan Turner was asking the commission if it was ok to get the house under roof. Joan Benjamin stated her response was “can we do that without it being published? So there was no approval by this board”. There was discussion about damage to houses in the historic district and if the historic board should approve repairs. Rufus Triplett asked how much monetary liability would the historic preservation board be if they required approval and if there was more damage done to the house as homeowners waited for a meeting with the historic preservation commission. Randy Wood stated maybe repairs should be more defined. Meeting dates, advertising dates, called meetings, providing a quorum, etc. was discussed. Phyllis Callaway stated this was the reason for more alternates. Corey Divel also stated the architect or engineer should be a standing member if available. Rufus Triplett moved to adjourn at 6:22 P.M. and Joan Benjamin seconded the motion. Vote was unanimous. Page 5 of 5