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Historic District Commission

Regular Meeting

Manistee, MI · July 6, 2022

AgendaMinutes

Minutes

HISTORIC DISTRICT COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES July 6, 2022 A meeting of the Historic District Commission was held on Wednesday, July 6, 2022, at 4:00 pm, Manistee, Michigan. The meeting was called to order at 4:00 by Chair Trucks. Members Present: William Connor, Ron Helmboldt, Lee Trucks, Kathryn Kenny, Thad Taylor Members Absent: Shelly Memberto, Dennis Otto Others: Katie Mehl (City Zoning /Planner 1), and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA MOTION by Commissioner Taylor, seconded by Commissioner Kenny to approve the agenda as printed. Motion passed with a voice vote. APPROVAL OF MINUTES MOTION by Commissioner Connor, seconded by Commissioner Helmboldt to approve the June 1, 2022, minutes as printed. Motion passed with a voice vote. PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS 432 River Street—Elks No. 250 Stephen Duchon, Elks:  Past replaced windows approved by HDC  Present sign is challenging to change for upcoming events  Requesting to have sign replaced  Elks name to stay the same size or smaller in size with digital ability to mention events Katie Mehl:  Digital signs are controlled by the ordinance  HDC can place time intervals for sign messages City of Manstee 2020 Historic District Commision July 6, 2022 Page 1 MOTION by Commissioner Connor, seconded by Commissioner Taylor to approve the digital sign proposed by the Elks Club subject to the rotation being equal to the rotation of the Ramsdell Theatre sign but not less than 15 seconds. Motion passed with a voice vote. 319 & 321 River Street—John & Paulette Juncker John/Paulette Juncker:  Purchased building with knowledge of being in historic district  Architect plans done with historic design  Front changes to match original look as much as possible  Rear window space to become a door space to accommodate inside business  East brick side too costly, wall will not be done at this time  4 upstairs apartments to stay in place  Rear and front windows to be replaced  HDC approval needed to apply for federal grant  Seeking approval for front and back plans Mark Fedder:  Working with owners  Front proposal plan will make it look more historical than the original look  Rear of building not highly visible for public viewing MOTION by Commissioner Taylor, seconded by Commissioner Kenny to approve the front and back design plans as presented. Motion passed with a voice vote. OLD BUSINESS 435 River Street—Joseph Mathewson Ms. Mehl:  Met with city attorney regarding enforcement  City attorney referenced Codified Ordinance 1280.4, Work Without a Permit, and HDC enforcement action ability Window discussion: not HDC acceptable, how to bring them into historical district compliance, contact SHIPO regarding their standards, place a deadline as advised by attorney, address Ordinance Chapters 1280.14 and 1280.18, need to qualify for a Certificate of Appropriateness (COA). MOTION by Commissioner Kenny the windows on Oak Street should be brought up to historical standards by September 7th meeting or the next step is Circuit Court. MOTION by Commissioner Connor, seconded by Commissioner Taylor to inform Mr. Mathewson he must modify the Oak Street windows work, so it qualifies for COA by September 6th, 2022 is to follow SHIPO’s standards. City of Manstee 2020 Historic District Commision July 6, 2022 Page 2 Roll call vote Yes: Connor, Helmboldt, Kenny, Taylor No: Trucks Vote passed, 4-1 Ms. Mehl is to send a drafted letter to Mr. Mathewson regarding the HDC motion and to contact SHIPO regarding the matter. Permit Review Ms. Mehl reviewed the permit list. Permit actions: completed projects will be removed from the list, 1 will need renewing. PUBLIC COMMENTS AND COMMUNICATIONS CONCERNING ITEMS NOT ON THE AGENDA None CORRESPONDENCE None REPORTS DDA Executive & Economic Development None Museum Curator Mr. Fedder: lighthouse/catwalk is on the state historic register and is being refurbished for public viewing; the museum vacated the water works building-this is a city owned building and is on their building improvement list-building is not in historic district or on the historic register. Planning & Zoning Administrator Ms. Mehl: DDA report submitted by Mark Miller, Alan at SHIPPO willing to attend a meeting to answer HDC questions, Rozmarek/Gordon project are entering a “to show for cause” for the August court hearing. MEMBERS DISCUSSION None ADJOURNMENT Meeting was adjourned at 5:28 pm by the chair. Nancy Baker Nancy Baker, Recording Secretary City of Manstee 2020 Historic District Commision July 6, 2022 Page 3

Agenda

MANISTEE CITY HISTORIC DISTRICT COMMISSION Meeting of Wednesday, July 6th, 2022, at 4:00 PM This meeting will be held in the City Council Chambers. AGENDA I Call to Order II Roll Call III Approval of Agenda At this time, the Historic District Commission can take action to approve the July 6, 2022, Agenda. IV Approval of Minutes At this time Historic District Commission can take action to approve the June 1, 2022, Meeting Minutes. V Public Comment on Agenda Related items At this time, the Chair will ask if there are any public comments. VI New Business • 432 River Street – Elks No. 250 • 319 & 321 River Street – John & Paulette Juncker VII Old Business • 435 River Street – Joesph Mathewson • Permit Review VIII Public Comments and Communications concerning items not on the agenda. At this time, the Chair will ask if there are any public comments. IX Correspondence X Reports DDA Executive & Economic Development Director Museum Curator Planning & Zoning Administrator XI Members Discussion At this time, the Chair will ask members of the Historic District Commission if they have any items they want to discuss. XII Adjournment 1 HISTORIC DISTRICT COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES June 1, 2022 A Meeting of the Historic District Commission was held on Wednesday, June 1, 2022, at 4:00 pm, Manistee, Michigan. The meeting was called to order at 4:06 by Chair Trucks. Members Present: William Connor, Ron Helmboldt, Lee Trucks, Kathryn Kenny Members Absent: Shelly Memberto, Thad Taylor, Dennis Otto Others: Katie Mehl (City Zoning /Planner 1), and Nancy Baker (Recording Secretary) APPROVAL OF AGENDA MOTION by Commissioner Connor, seconded by Commissioner Helmboldt to approve the agenda as printed. Motion passed with a voice vote. APPROVAL OF MINUTES MOTION by Commissioner Connor, seconded by Commissioner Helmboldt approve the May 4, 2022, minutes as printed. Motion passed with a voice vote. PUBLIC COMMENT ON AGENDA RELATED ITEMS None NEW BUSINESS None OLD BUSINESS 435 River Street—Joseph Mathewson Ms. Mehl: sent meeting invite letter to Mr. Mathewson 5/25/22, invited him in person to attend; letter to Sergeant VanSickle, River Street blight officer, of blight issue of 435 River Street. Window issue: • Violation of unapproved windows • After-The-Fact application was submitted for installation of the windows • Windows were installed before application • HDC had not approved installed windows • Installed windows not historical or related to original windows City of Manstee 2020 Historic District Commision June 1, 2022 Page 1 MOTION by Commissioner Connor to refer this matter to the city attorney for his failure to obtain approval from the Historical Commission for the windows and failing to do anything about it subsequent. Commissioner Connor amended his motion. MOTION by Commissioner Connor, seconded by Commissioner Kenny the HDC instruct to the city attorney to issue a violation situation for failure to obtain a HDC permit and to follow HDC guidelines for installation of the windows. Motion passed with a voice vote. Permit Review Ms. Mehl reviewed the permit list. Pictures of each project were presented. Permit actions: close completed project permits/remove from the list, 1 possible permit extension, all open permits listed will include any new permits for future updates. PUBLIC COMMENTS AND COMMUNICATIONS CONCERNING ITEMS NOT ON THE AGENDA None CORRESPONDENCE None REPORTS DDA Executive & Economic Development None Museum Curator Mr. Fedder: none. Planning & Zoning Administrator Ms. Mehl: none. MEMBERS DISCUSSION Commissioner Kenny stated the state historic preservation office is offering grants for buildings that are in the historic district. This will run from June to September. The applicant must obtain permit approval from the HDC before applying for the state grant. ADJOURNMENT Meeting was adjourned at 4:50 pm by the chair. Nancy Baker Nancy Baker, Recording Secretary City of Manstee 2020 Historic District Commision June 1, 2022 Page 2 Historic District Commission Katie Mehl June 28, 2022 Manistee County Planner 395 3rd St. Historic District Commission Manistee, MI 49660 70 Maple Street 231.723.6041 planning@manisteecountymi.gov Manistee, MI 49660 www.manisteemi.gov Dear Historic District Commission, I met with the City Attorney, George Saylor, to discuss the role of the Historic District Commission and their ability to enforce Certificates of Appropriateness (COA), when work is done without the approval of the Historic District Commission. This is addressed within the City of Manistee Codified Ordinances Title Eight – Historic District, Chapter 1280 – Historic District. Please review the attached document, specifically 1280.14 – Work Without a Permit. Regarding 235 River Street, staff recommends the Commission provide Joseph Mathewson with the criteria required to bring the windows into compliance for a COA to be issued. The Commission should give the owner a prescribed amount of time to bring the building into compliance; this could be 30-60 days, or whatever the Commission feels is a reasonable and appropriate amount of time. `This should be conducted at the July meeting whether the owner is present or not, because this step in the process needs to take place before further enforcement can be pursued per 1280.14. If the property owner does not bring the property into compliance within the prescribed amount of time, the Commission can move forward with seeking an order from the Circuit Court. It is important to recognize that the criteria and timeframe given need to be specific and well recorded in the meeting minutes, should enforcement be pursued through Circuit Court. If you have any questions, please feel free to contact me. Sincerely, Katie Mehl Manistee County Planner Reformatted 2011 Chapter 1280 Historic District 1280.01 Statement of Purpose 1280.13 Appeal of a Commission Decision 1280.02 Definitions 1280.14 Work Without a Permit 1280.03 Establishing Additional, Modifying, 1280.15 Demolition by Neglect or Eliminating Historic Districts 1280.04 The Historic District Commission 1280.16 Review of Work in Proposed Districts 1280.05 Historic District Commission 1280.17 Emergency Moratorium Meetings, Record Keeping and Rules of Procedure 1280.06 Delegation of Minor Classes of 1280.18 Penalties for Violations Work 1280.07 Ordinary Maintenance 1280.19 Acceptance of Gifts or Grants 1280.08 Review by the Commission 1280.20 Acquisition of Historic Resources 1280.09 Design Review Standards and 1280.21 Historic District Boundary Guidelines 1280.10 Permit Applications 1280.22 Fees 1280.11 Denials 1280.99 Penalty 1280.12 Notice to Proceed CROSS REFERENCES Downtown Development Authority - See ADM. Ch. 282 Zoning Code - See P.&.Z. TITLE SIX 1280.01 STATEMENT OF PURPOSE Historic preservation is hereby declared to be a public purpose and the City Council of the City of Manistee may hereby regulate the construction, addition, alteration, repair, moving, excavation, and demolition of resources in historic districts within the City limits. The purpose of this Ordinance is to: A. Safeguard the heritage of the City of Manistee by preserving the Manistee Commercial Historic District, which reflect elements of its history, architecture, archaeology, engineering, or culture. B. Foster civic beauty. C. Strengthen the local economy. D. Promote the use of historic districts for the education, pleasure, and welfare of the citizens of the City of Manistee and of the State of Michigan. City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 1 Chapter 1280 Historic District Reformatted 2011 The City of Manistee may by Ordinance establish one or more historic districts. The historic district shall be administered by the Historic District Commission and pursuant to this Ordinance. (Ord. 07-04 adopted 2-20-07) 1280.02 DEFINITIONS A. "Alteration" means work that changes the detail of a resource but does not change its basic size or shape. B. "Certificate of Appropriateness" means the written approval of a permit application for work that is appropriate and does not adversely affect a resource. C. "Commission" means the Historic District Commission of the City of Manistee. D. "Demolition" means the razing or destruction, whether entirely or in part, of a resource and includes, but is not limited to, demolition by neglect. E. "Demolition by Neglect" means neglect in maintaining, repairing, or securing a resource that results in deterioration of an exterior feature of the resource or the loss of structural integrity of the resource. F. “Denial" means the written rejection of a permit application for work that is inappropriate and that adversely affects a resource. G. "Historic District" means an area, or group of areas, not necessarily having contiguous boundaries, that contains one resource or a group of resources that are related by history, architecture, archaeology, engineering, or culture. H. "Historic Preservation" means the identification, evaluation, establishment, and protection of resources significant in history, architecture, archaeology, engineering, or culture. I. "Historic Resource" means a publicly or privately owned building, structure, site, object, feature or open space that is significant in the history, architecture, archaeology, engineering, or culture of the City of Manistee, state of Michigan, or the United States. J. "Notice to Proceed" means the written permission to issue a permit for work that is inappropriate and that adversely affects a resource, pursuant to a finding under Section 399.205(6) of Public Act 169 of 1970, as amended. K. "Open Space" means undeveloped land, a naturally landscaped area, or a formal or man- made landscaped area that provides a connective link or buffer between other resources. L. "Ordinary Maintenance" means keeping a resource unimpaired and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. Ordinary maintenance does not change the external appearance of the resource City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 2 Chapter 1280 Historic District Reformatted 2011 except through the elimination of the usual and expected effects of weathering. Ordinary maintenance does not constitute work for the purposes of this Ordinance. M. “Proposed Historic District” means an area, or group of areas not necessarily having contiguous boundaries, that has delineated boundaries and that is under review by a committee or a standing committee for the purpose of making a recommendation as to whether it should be established as a historic district or added to an established historic district. N. "Repair" means to restore a decayed or damaged resource to good or sound condition by any process. A repair that changes the external appearance of a resource constitutes work for the purposes of this Ordinance. O. "Resource" means one or more publicly or privately owned historic or non-historic buildings, structures, sites, objects, features, or open spaces located within a historic district. P. "Work" means construction, addition, alteration, repair, moving, excavation, or demolition. (Ord. 07-04 adopted 2-20-07) 1280.03 ESTABLISHING ADDITIONAL, MODIFYING, OR ELIMINATING HISTORIC DISTRICTS A. The City Council may at any time establish by ordinance additional historic districts, including proposed districts previously considered and rejected, may modify boundaries of an existing historic district, or may eliminate an existing historic district. Before establishing, modifying, or eliminating a historic district, a historic district study committee appointed by the City Council shall follow the procedures as stated in Section 399.203 (1-3) of Public Act 169 of 1970, as amended. To conduct these activities, the City Council may retain the initial committee, establish a standing committee, or establish a committee to consider only specific proposed districts and then be dissolved. The committee shall consider any previously written committee reports pertinent to the proposed action. B. In considering elimination of a historic district, a committee shall follow the procedures set forth in Section 399.203 (1-3) of Public Act 169 of 1970, as amended for the issuance of a preliminary report, holding a public hearing, and issuing a final report but with the intent of showing one or more of the following: 1. The historic district has lost those physical characteristics that enabled the establishment of the district. 2. The historic district was not significant in the way previously defined. 3. The historic district was established pursuant to defective procedures. (Ord. 07-04 adopted 2-20-07) City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 3 Chapter 1280 Historic District Reformatted 2011 1280.04 THE HISTORIC DISTRICT COMMISSION The City Council may establish by ordinance a commission to be called a historic district commission. The Commission may be established at any time, but not later than the time the first historic district is established. Each member of the Commission shall reside within the city limits. Members shall be appointed by the City Council. The Commission shall consist of seven (7) members. Two (2) members shall be appointed from a list submitted by duly organized local historic preservation organizations. If such a person is available for appointment, one member shall be an architect who has two years of architectural experience or who is duly registered in the State of Michigan. A majority of the members shall have a clearly demonstrated interest in or knowledge of historic preservation. Members shall be appointed for a term of three (3) years, except the initial appointments of three (3) members for a term of two (2) years and two (2) members for a term of one year. Subsequent appointments shall be for three-year terms. Members shall be eligible for reappointment. In the event of a vacancy on the Commission, interim appointments shall be made by the City Council within sixty (60) calendar days to complete the unexpired term of such position. The City Council may prescribe powers and duties of the Commission, in addition to those prescribed in this Ordinance, that foster historic preservation activities, projects, and programs in the local unit. (Ord. 07-04 adopted 2-20-07) 1280.05 HISTORIC DISTRICT COMMISSION MEETINGS, RECORD KEEPING & RULES OF PROCEDURE A. The Historic District Commission shall meet at least quarterly or more frequently at the call of the Commission. B. The business that the Commission may perform shall be conducted at a public meeting held in compliance with the Open Meetings Act, Public Act 267 of 1976, as amended. Public notice of the date, time, and place of the meeting shall be given in the manner required by Public Act 267. A meeting agenda shall be part of the notice and shall include a listing of each permit application to be reviewed or considered by the Commission. C. The Commission shall keep a record of its resolutions, proceedings and actions. A writing prepared, owned, used, in the possession of, or retained by the Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information, Public Act 442 of 1976, as amended. D. The Commission shall adopt its own rules of procedure and shall adopt design review standards and guidelines to carry out its duties under this act. (Ord. 07-04 adopted 2-20-07) 1280.06 DELEGATION OF MINOR CLASSES OF WORK The Commission may delegate the issuance of Certificates of Appropriateness for specified minor classes of work to its staff, or to another delegated authority. The Commission shall provide to its delegated authority specific written standards for issuing Certificates of Appropriateness under this subsection. The Commission shall review the Certificates of City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 4 Chapter 1280 Historic District Reformatted 2011 Appropriateness issued by the delegate on at least a quarterly basis to determine whether or not the delegated responsibilities should be continued. (Ord. 07-04 adopted 2-20-07) 1280.07 ORDINARY MAINTENANCE Nothing in this Ordinance shall be construed to prevent ordinary maintenance or repair of a resource within a historic district or to prevent work on any resource under a permit issued by the inspector of buildings or other duly delegated authority before the Ordinance was enacted. (Ord. 07-04 adopted 2-20-07) 1280.08 REVIEW BY THE COMMISSION The Commission shall review and act upon only exterior features of a resource and shall not review and act upon interior arrangements unless specifically authorized to do so by the City Council or unless interior work will cause visible change to the exterior of the resource. The Commission shall not disapprove an application due to considerations not prescribed in subsection 399.205 (3) of Public Act 169 of 1970, as amended. (Ord. 07-04 adopted 2-20-07) 1280.09 DESIGN REVIEW STANDARDS AND GUIDELINES A. In reviewing plans, the Commission shall follow the U.S. Secretary of Interior's Standards for Rehabilitation and guidelines for rehabilitating historic buildings as set forth in 36 C.F.R. part 67. Design review standards and guidelines that address special design characteristics of historic districts administered by the Commission may be followed if they are equivalent in guidance to the Secretary of Interior’s Standards and guidelines and are established or approved by the State Historic Preservation Office of the Michigan Historical Center. B. In reviewing plans, 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. The relationship of any architectural features of the resource to the rest of the resource and to 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. (Ord. 07-04 adopted 2-20-07) 1280.10 PERMIT APPLICATIONS A. A permit shall be obtained before any work affecting the exterior appearance of a resource is performed within a historic district. The person, individual, partnership, firm, corporation, organization, institution, or agency of government proposing to do that work shall file an application for a permit with the building inspector. Upon receipt of a complete application, the inspector of buildings shall immediately refer the application, along with all required supporting materials that make the application complete to the Commission. A permit shall not be issued and proposed work shall not proceed until the Commission has acted on the application by issuing a Certificate of Appropriateness or a Notice to Proceed as prescribed in this Ordinance. City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 5 Chapter 1280 Historic District Reformatted 2011 B. The Commission shall file Certificates of Appropriateness, Notices to Proceed, and Denials of applications for permits with the inspector of buildings. A permit shall not be issued until the Commission has acted as prescribed by this Ordinance. C. If an application is for work that will adversely affect the exterior of a resource the Commission considers valuable to the City of Manistee, the state of Michigan, or the nation, and the Commission determines that the alteration or loss of that resource will adversely affect the public purpose of the city, state, or nation, the Commission shall attempt to establish with the owner of the resource an economically feasible plan for the preservation of the resource. D. The failure of the Commission to act on an application within sixty (60) calendar days after the date a complete application is filed with the Commission, unless an extension is agreed upon in writing by the applicant and the Commission, shall be considered to constitute approval. E. The Commission may charge a reasonable fee to process a permit application. (Ord. 07-04 adopted 2-20-07) 1280.11 DENIALS If a permit application is denied, the decision shall be binding on the building inspector. A Denial shall be accompanied by a written explanation by the Commission of the reasons for denial and, if appropriate, a notice that an application may be re-submitted for Commission review when the suggested changes have been made. The Denial shall also include the notification of the applicant's right to appeal to the State Historic Preservation Review Board and to the circuit court. (Ord. 07-04 adopted 2-20-07) 1280.12 NOTICE TO PROCEED 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 Commission to be necessary to substantially improve or correct any of the following conditions: A. The resource constitutes a hazard to the safety of the public or to the structure's occupants. B. 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, financing, and environmental clearances. C. Retaining the resource will cause undue financial hardship to the owner when a governmental action, an act of God, or other events 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. City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 6 Chapter 1280 Historic District Reformatted 2011 D. Retaining the resource is not in the interest of the majority of the community. (Ord. 07-04 adopted 2-20-07) 1280.13 APPEAL OF A COMMISSION DECISION A. An applicant aggrieved by a decision of the Commission concerning a permit application may file an appeal with the State Historic Preservation Review Board. The appeal shall be filed within sixty (60) calendar days after the decision is furnished to the applicant. The appellant may submit all or part of the appellant’s evidence and arguments in written form. The State Historic Preservation Review Board shall consider an appeal at its first regularly scheduled meeting after receiving the appeal. A permit applicant aggrieved by the decision of the State Historic Preservation Review Board may appeal the decision to the circuit court having jurisdiction over the historic district commission whose decision was appealed to the State Historic Preservation Review Board. B. Any citizen or duly organized historic preservation organization in the City of Manistee, as well as resource property owners, jointly or severally aggrieved by a decision of the historic district commission may appeal the decision to the circuit court, except that a permit applicant aggrieved by a decision rendered under this Ordinance may not appeal to the court without first exhausting the right to appeal to the State Historic Preservation Review Board. (Ord. 07-04 adopted 2-20-07) 1280.14 WORK WITHOUT A PERMIT When work has been done upon a resource without a permit, and the Commission finds that the work does not qualify for a Certificate of Appropriateness, the Commission may require an owner to restore the resource to the condition that the resource was in before the inappropriate work or to modify the work so that it qualifies for a Certificate of Appropriateness. If the owner does not comply with the restoration or modification requirement within a reasonable time, the Commission may seek an order from the Circuit Court to require the owner to restore the resource to its former condition or to modify the work so that it qualifies for a Certificate of Appropriateness. If the owner does not comply or cannot comply with the order of the Court, the Commission or its agents may enter the property and conduct work necessary to restore the resource to its former condition or modify the work so that it qualifies for a Certificate of Appropriateness in accordance with the court's order. The costs of the work done shall be charged to the owner, and may be levied by the City of Manistee as a special assessment against the property. When acting pursuant to an order of the Circuit Court, the Commission or its agents may enter a property for purposes of this section. (Ord. 07-04 adopted 2-20-07) 1280.15 DEMOLITION BY NEGLECT Upon a finding by the Commission that a historic resource within a historic district or a proposed historic district subject to its review and approval is threatened with Demolition by Neglect, the Commission may do either of the following: A. Require the owner of the resource to repair all conditions contributing to demolition by neglect. City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 7 Chapter 1280 Historic District Reformatted 2011 B. 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 necessary to prevent Demolition by Neglect. The costs of the work shall be charged to the owner, and may be levied by the City of Manistee 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. (Ord. 07-04 adopted 2-20-07) 1280.16 REVIEW OF WORK IN PROPOSED DISTRICTS Upon receipt of substantial evidence showing the presence of historic, architectural, archaeological, engineering, or cultural significance of a proposed historic district, the City Council may, at its discretion, adopt a resolution requiring that all applications for permits within the proposed historic district be referred to the Historic District Commission as prescribed in Section 11 of the Ordinance. The Historic District Commission shall review permit applications with the same powers that would apply if the proposed historic district was an established historic district. The review may continue in the proposed historic district for not more than one year, or until such time as the City Council approves or rejects the establishment of the historic district by ordinance, whichever occurs first. (Ord. 07-04 adopted 2-20-07) 1280.17 EMERGENCY MORATORIUM If the City Council determines that pending work will cause irreparable harm to resources located within an established or proposed historic district, the City Council may by resolution declare an emergency moratorium on all such work for a period not to exceed six (6) months. The City Council may extend the emergency moratorium for an additional period not to exceed six (6) months, upon finding that the threat of irreparable harm to resources is still present. Any pending permit application concerning a resource subject to an emergency moratorium may be summarily denied. (Ord. 07-04 adopted 2-20-07) 1280.18 PENALTIES FOR VIOLATIONS A. Whoever violates any provision of this Chapter is guilty of a Civil Infraction in accordance with Section 202.99. B. A person, individual, partnership, firm, corporation, organization, institution, or agency of government that violates this act may be ordered by the Court to pay the costs to restore or replicate a resource unlawfully constructed, added to, altered, repaired, moved, excavated or demolished. (Ord. 07-04 adopted 2-20-07) 1280.19 ACCEPTANCE OF GIFTS OR GRANTS The City Council may accept state or federal grants for historic preservation purposes; may participate in state and federal programs that benefit historic preservation, and may accept public or private gifts for historic preservation purposes. The City Council may appoint the Historic District Commission to accept and administer grants, gifts, and program responsibilities. (Ord. 07-04 adopted 2-20-07) City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 8 Chapter 1280 Historic District Reformatted 2011 1280.20 ACQUISITION OF HISTORIC RESOURCES If all efforts by the Commission to preserve a resource fail, or if it is determined by the City Council that public ownership is most suitable, the City Council, if considered to be the public interest, may acquire the resource using public funds, public or private gifts, grants or proceeds from the issuance of revenue bonds. The acquisition shall be based upon the recommendation of the Commission. The Commission is responsible for maintaining publicly owned resources using its own funds, if not specifically designated for other purposes, or public funds committed for that use by the City Council. Upon recommendation of the Commission, the City may sell resources acquired under this section with protective easements included in the property transfer documents, if appropriate. (Ord. 07-04 adopted 2-20-07) 1280.21 HISTORIC DISTRICT BOUNDARY Manistee Commercial Historic District: The District is in two sections separated by the Manistee River. The southern section boundary follows the south bank of the Manistee River from Division Street on the East to the Municipal Marina on the West, south along the eastern boundary of the Marina to the centerline of River Street, west along the centerline of River Street to the centerline of Pine Street, south along the centerline of Pine Street, to the centerline of Water Street; east along Water Street to the centerline of Oak Street; south on Oak Street to the south property line of 427 Water Street; east along the south property line to the east property line of 427 Water Street, north along the east property line of 427 Water street across Water Street and north along the west property line of 414 Water Street to the alley ½ block south of River Street; east along the alley to the west property line of 70 Maple Street , south along the property line to the centerline of Water Street, east along Water Street to the centerline of Maple Street, south along Maple Street to the south property line of the Ramsdell Theater, east along that property line to the east property line of the Ramsdell Theater, North along the east property line to the north line of First Street , north along the mid-block line halfway between Maple and Poplar Streets, to the rear line of River Street Buildings, east along the rear of River Street buildings to Greenbush street, north along the Greenbush Street centerline to Filer Street, east along the centerline of Filer Street to the east property line of 341 River Street, north to the south property line of 339 River Street, east along the south property line of 337 River Street to the alley, thence easterly along the south line of the alley to the west property line 50 Filer Street, south along the west property line of 50 Filer Street to the centerline of Filer Street, east along the centerline of Filer Street to the centerline of Division Street and North to the south river bank. The northern section boundary follows the west side of Washington Street, from the north bank of the Manistee River to Second Avenue to a depth of ½ block west of the street centerline, and the east side of Washington Street from the south property line of the properties at 129 – 133 Washington North to Lincoln Street, east to the rear property lines of the buildings fronting on Washington Street. The north and south sections of the district are joined by the Maple Street Bascule Bridge over the Manistee River. (Ord. 07-04 adopted 2-20-07) City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 9 Chapter 1280 Historic District Reformatted 2011 1280.22 FEES There shall be imposed pursuant to these sections various fees, as established from time to time by the City Council by resolution which Fee Schedule is incorporated herein by reference. (Ord. 07-04 adopted 2-20-07) 1280.99 PENALTY Whoever violates any provision of this chapter is guilty of a civil infraction in accordance with Section 202.99. (Ord. 07-04 adopted 2-20-07) City of Manistee Codified Ordinances – Twelve Planning and Zoning Code Page 10 Chapter 1280 Historic District Historic District Commission Katie Mehl June 28, 2022 Manistee County Planner 395 3rd St. Manistee, MI 49660 Joesph Mathewson 231.723.6041 planning@manisteecountymi.gov 435 River St. www.manisteemi.gov Manistee, MI 49660 Dear Mr. Mathewson, Your property at 435 River Street was discussed at the May 4, and June 1, 2022, Historic District Commission meetings. The Commission would like to invite you to their July 6, 2022, meeting, at 4:00 PM in the City of Manistee Council Chambers; this is the final invitation to a meeting where your property will be discussed. The HDC will move forward with stipulating what action must be taken to bring the windows into compliance, within a prescribed amount of time for the work to be done. If you are not present, you will not have any influence on the discussion. If the work is not complete within the prescribed time given, the Commission will look to seek an Order from the Circuit Court. I look forward to hearing from you. Please do not hesitate to contact me if you have any questions. Sincerely, Katie Mehl Zoning Administrator City of Manistee Katie Mehl Planning/Zoning Administrator 395 Third St. Manistee, MI 49660 231.398.3587 kmehl@manisteecountymi.gov www.manisteemi.gov Date Approved Permit # Date Expires Address Name Details Status Historic District Commission Permits as of 5/25/2022 10/2/2008 7/10/2009 PHDC08-032 6/30/2021 347/349 River St Paula Rozmarek Ledge Reconstruction In Progress 3/7/2012 PHDC09-014 6/30/2021 347/349 River St Paula Rozmarek Renovation/Restoration In Progress 4/2/2015 PHDC12-001 6/30/2021 411 River St Jeff Gordon Entrance Door In Progress 4/2/2015 PHDC15-004 6/30/2021 411 River St Jeff Gordon Storefront In Progress 5/26/2021 PHDC15-005 6/30/2021 411 River St Jeff Gordon East Façade In Progress 5/26/2021 PHDC21-005 5/26/2022 354 River St Kristin & Paul Howes Painting window brick In Progress 7/21/2021 PHDC21-006 5/26/2022 371 5th St Guardian Angel Church Michigan Historical Marker Sign In Progress 8/05/2021 PHDC21-008 7/21/2022 429 River St Sharlene Wild Door Repair Unknown 8/5/2021 PHDC21-090 8/05/2022 425 River St Historical Museum Screening, Columns & Ceiling Unknown 8/05/2021 PHDC21-010 8/05/2022 411 River St Jeff Gordon Cornice, Windows, Doors, Columns In Progress 9/20/2021 PHDC21-011 8/05/2022 347 River St Paula Rozmarek Cornice & Windows In Progress 9/20/2021 PHDC21-013 9/20/2022 95 Maple St Library Step Repair In Progress 2/10/2022 PHDC21-014 9/20/2022 312 River St Bluefish Dumpster enclosure In Progress 5/10/2022 PHDC22-002 2/10/2023 440 River St Fricano’s New façade In Progress 5/12/2022 PHDC22-006 5/10/2023 369 River St Brandon Ball Painting Building In Progress 5/26/2022 PHDC22-007 5/12/2022 95 Maple St Library Maintenance & Repair In Progress 5/26/2022 PHDC22-008 5/26/2023 429 River St Sharlene Wild Replace Existing Sign Complete PHDC22-009 5/26/2023 369 River St Brandon Ball Projecting Sign Complete United States Department of the Interior National Park Service Interior Regions 3, 4, 5 Historic Preservation Partnerships: KS, MI, NE P.O. Box 2370 Cody, WY 82414 IN REPLY REFER TO: 1.A.2. (MWR-CR/HPP) June 15, 2022 Mr. Mark Fedder, Executive Director Manistee County Historical Society 425 River Street Manistee, MI 49660 Re: National Historic Lighthouse Preservation Act Program Manistee North Pierhead Light GSA Control No. 1-X-MI-812 Dear Mr. Fedder: Thank you for submitting the 2020-2021 Biennial Report for the Manistee North Pierhead Light, and associated images. I understand that the challenging years of 2020-2021 postponed the planned maintenance and restoration of the light, but appreciate that the Manistee County Historical Society plans on reopening the light to the public. Regarding funding sources for tasks outlined in the budget for the light, you may be aware of several grant sources available for the property: • The US Lighthouse Society offers competitive grants for non-profits: Preservation Grants Program | US Lighthouse Society (uslhs.org) • Non-profits can apply for the National Maritime Heritage grants through the NPS. While the information online seems to date to 2017: 2017 Grant Program | Maritime Heritage Program (nps.gov), another page indicates that funding has been available, and the most recent round of applications was due Winter/Spring 2022. This grant program isn't available every year, so you have to keep monitoring the site. • The Michigan DEQ's "Coastal Management Zone Grants" include funding related to preservation. Non-profits can apply: EGLE - Coastal Management (michigan.gov) • MDOT - Grant Programs (michigan.gov) includes funding for preservation-related work on properties associated with transportation, however, the Society would need to work with the City of Manistee to apply for a grant. This office has received all necessary information for the reporting period, and no additional information is required. The next Biennial Report for the years 2022-2023 will be due April 2024. If you have any questions, please do not hesitate to contact me via electronic mail at dena_sanford@nps.gov or telephone me at 531-800-7033. Sincerely, Dena Sanford Michigan Surplus Property Coordinator cc: Mr. Mike Szokola, Planning Director City of Manistee Planning & Zoning 70 Maple Street Manistee, MI 49660

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