Historic Preservation Commission

MINUTES REGULAR MEETING OF THE CITY OF CLEVELAND HISTORIC PRESERVATION COMMISSION WILL BE HELD ON TUESDAY, AUGUST 25, 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 Maryl Elliott, current Vice Chairman at 5:20 P.M. Members present were Randy Wood, Maryl Elliott, Phyllis Callaway and Rufus Triplett. Members absent were Sarah Coleman and Joan Benjamin. Staff present was Corey Divel, Senior Planner, Darla Jenkins, Administrative Assistant, Jonathan Jobe, Director of Development and Engineering Services, Janice Casteel, City Manager, Bryan Turner, Chief Building Official, and Allen Johnson, Code Enforcement Inspector. Legal Counsel present was John Kimball, Attorney for the City of Cleveland. Others present was Robert L. Martin, Maria Cardona, Mark Holden, Steve Humberd, and Christy Armstrong of The Cleveland Daily Banner. Corey Divel, Senior Planner stated an election of officers was due. The commission has a chairman and vice chairman. Rufus Triplett made a motion to nominate Maryl Elliott as chairman. Randy Wood seconded the motion. The vote to pass the nomination included Rufus Triplett, Randy Wood, Phyllis Callaway and Maryl Elliott. Phyllis Callaway made a motion to nominate Rufus Triplett as vice chairman. Randy Wood seconded the motion. Voting to approve the motion was Phyllis Callaway, Randy Wood, and Maryl Elliott. Rufus Triplett abstained from the vote. The minutes of the August 4, 2015 were presented for approval. Rufus Triplett made a motion to approve and Phyllis Callaway seconded the motion. A vote of 4-0 passed the motion. There were no Public Hearings. There was no Old Business. Page 1 of 5 In New Business, a. Stephen and Leslie Humberd request a Certificate of Appropriateness for work at 1540 Highland Ave NW (Tax Map 49E Group V Parcel 17.00). The property is zoned R1 Single Family Residential (pg1). Phyllis Callaway made a motion to approve and Randy Wood seconded the motion. A vote of 4-0 passed the motion. b. James Harrison Everhart requests a Certificate of Appropriateness for work at 2065 Chambliss Ave NW (Tax Map 49E Group D Parcel 5.00). The property is zoned PI Professional Institutional (pg5). Rufus Triplett made a motion to approve and Phyllis Callaway seconded the motion. Voting 4-0 passed the motion. c. Michael C. Holden requests a Certificate of Appropriateness for work at 273 17th St NW (Tax Map 49E Group X Parcel 20.00). The property is zoned R1 Single Family Residential (pg10). Mr. Holden wished to add the replacement of six (6) inch gutters to the list of work he wished to do to his home. He stated the brackets would remain and would be painted. Phyllis Callaway made a motion to approve and Rufus Triplett seconded the motion. A vote of 4-0 passed the motion. d. The City of Cleveland requests a Certificate of Appropriateness for work at 230 18th St NW (Tax Map 49E Group K Parcel 17.00). The property is zoned R1 Single Family Residential (pg20). No vote was made on this item as the commission would wait for the Building Board of Appeals and Adjustments to make a decision. Robert Martin, owner, stated he was going to have the roof repaired and was in the process of painting the house. Bryan Turner, Chief Building Official, stated there were several structural items to be repaired that painting or reroofing will not take care of. The second story porch is rotted and not safe for anyone to be on. There was a hole in the attic where Mr. Martin has fallen through which was exposed to the below story. Water has entered the home and caused some structural deficiencies. Bryan Turner states the repairs would be more than fifty percent (50%) of the value. The original letter was mailed in February requesting repairs. Bryan Turner and Jonathan Jobe had inspected the house in July 2015. Robert Martin had appealed the City’s decision for demolition. Bryan Turner wished to inform the Historic Preservation Commission of the status of the house. The Building Board of Appeals & Adjustment will meet on Tuesday, September 1, 2015 at 5:00 P.M. to discuss and vote on the status of this location. Page 2 of 5 Maryl Elliott asked Robert Martin if he knew he would be required to bring his work plans to the Historic Preservation Commission and the work should keep the house in the same historical style. Robert Martin stated he did. Bryan Turner also stated Robert Martin would be required to purchase a building permit. The building department would require a structural engineer access the structure. Maryl Elliott stated the demolition is right because of the condition of the house today. The lot is very valuable. Phyllis Callaway stated she would vote in favor of demolition of this house as it stands today. However, if the house could be revived, she would like it done. Phyllis Callaway stated she hated to see original architecture destroyed. Randy Wood stated it was a contributing structure if it was in good repair. John Kimball, City attorney, stated: Just for your all’s benefit. I’m John Kimball as some of you know. Mr. Triplett, nice to meet you, Mr. Wood, Ladies. Irrespective of what the board does, the Building Board of Adjustment and Appeals does next week, Mr. Martin would have the right to seek judicial review of that decision if he did it promptly. So effectively, they would not be in the position to condemn the house and actually demolish it, even if the board upheld the decision, pending his right to seek that review. So you really don’t have to vote tonight, if you don’t want to, given those parameters because if the board upholds decision, he still has time to go seek judicial review of that anyway. He has a limited time to do that but...And I don’t know whether you would want to avail yourself to that option, Mr. Martin, but you understand you would have that right if this board you’ve appealed to upholds the decision of the building official. You understand that your next action would be to take the structure down, or agree to let the city take it down, or you could appeal that board’s decision in court but you would have to do it very promptly. You understand that? Robert Martin: Yes sir. John Kimball: Ok. So I just wanted to make you know that your decision tonight actually was not mandatory if you are going to meet next month anyway. Thought that might be helpful. Maryl Elliott stated it would all be pending to the Building Board of Adjustment and Appeals. Rufus Triplett asked Mr. Martin what type of time frame he was looking at to bring the property back up to code. He asked Robert Martin what was the reality of him being able to bring the house back. Page 3 of 5 Robert Martin stated he was going to do all he could to. Maryl Elliott stated that she thought what Rufus Triplett was saying that it was going to be very expense. Rufus Triplett agreed. He also stated that they (Historic Preservation Commission) was charged with making sure the structures was historically correct, and other agencies of the city have to see that it is safe. He also stated there were a lot of things coming together here. Rufus Triplett stated he would like to see it preserved but it must be done timely. In Other Projects, Corey Divel wanted the commission to review the fence located at 170 8th Street, NW—the Powell Residence. This item was first discussed at the June 23, 2015 meeting but the fence was not brought back for discussion at the adjourned meeting on July 9, 2015. The fence was discussed as an extension but in addition to going back to the property line, it will also turn 90 degrees and follow the alley behind the home. Neither staff nor the commission understood this to be the proposal initially. It is not visible from the front. The tree board approved the cutting of trees at the back of the yard and they will be cut Wednesday, August 26 at 7:00 A.M. Randy Wood made a motion to accept the clarification of the certificate of appropriateness of the Powell house as explained by Corey Divel and Rufus Triplett seconded it. A vote of 4-0 passed the motion. In the Board Member Report, Phyllis Callaway asked everyone to remember the consultant from the Tennessee Historic Preservation Association and Certified Local Government. He encouraged us to apply for so the City would be eligible for some monies at the July 9, 2015 meeting. She was wondering if anything had been done about that request. Corey Divel stated the Mayor would have to request this item. Corey Divel had forward the copy of the handouts to the Mayor. Phyllis Callaway was wondering if Lee interns could work on this project. Randy Wood stated he would check on the intern. Corey Divel stated the Mayor would have to still request this item. Phyllis Callaway made a motion to ask the Mayor to put this on his agenda that the Historic Preservation Board apply for CLG (Certified Local Government) program from the Tennessee Historic Commission. Rufus Triplett seconded the motion. A vote of 4-0 passed the motion. Page 4 of 5 Rufus Triplett asked how the commission proceeds with getting the services of the attorney of Miller & Martin to advise the commission. Janice Casteel stated they would be glad to contact the attorney so he could come to the next meeting. John Kimball stated that Janice Casteel could talk to the attorney and get his rates and get it approved by the City Council. Janice Casteel stated the next council meeting is on September 14, 2015. She stated as long as they have spoken with the attorney prior to that date and has a proposal from the attorney; John Kimball could prepare a resolution. Janice Casteel stated they could request that the attorney could attend the next meeting so he could talk to you about his services and what he could help you with. John Kimball stated the City Council had voted to allow him to be retained, to consult with you about matters revolving historic zoning. Janice Casteel stated there had been no vote for a contract or a resolution. The meeting was adjourned at 6:03 P.M. Page 5 of 5