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Landmark Commission Minutes - 05/23/2023 LANDMARK COMMISSION MINUTES May 23, 2023 MEMBERS PRESENT: Michele Derr • Chairwoman John Dickinson • Member Christy Graham • Member Joel Hartmangruber • Member Nadine McKown • Vice-Chairwoman Janel Ponder Smith • Member Tim Brewer ■ Council Liaison Monica Aguon, Assistant City Attorney • City Staff Terry Floyd, Development Services Director • City Staff Chris Horgen, Public Information Officer • City Staff Karen Montgomery-Gagne, Principal Planner/HPO • City Staff ABSENT: Andy Lee • Member Noros Martin • P&Z Liaison Marcela Medellin • Member GUESTS: Gary Douglas • 1412 Buchanan St. Whitni Simmons • 1501 Tiiden St. Morris Stone ■3187 SH258E Kim Tigrett • 1301 Grant St. Richard Moore • Home Depot I. Call to Order, Introductions and Welcome Chairwoman Michele Derr called the meeting to order at 12:00 p.m. Ms. Derr had Commission members, staff and guests, introduce themselves. II. Review & Approval of Minutes from: April 25th, 2023 Chairwoman Derr called for review and approval of the April 25th, 2023 Landmark Commission meeting minutes. Ms. Janel Ponder-Smith made a motion to approve the minutes, Mr. John Dickinson seconded the motion. Minutes were unanimously approved 6-0. Regular Agenda. III. Action Item: Design Review — 1412 Buchanan Street (West Floral Heights Historic District) Request to install new cedar fencing in the side yard with metal gates (2-5ft.) and new chain link fencing/gates (2-5ft.) in the rear yard. Landmark Commission 2 May 23,2023 Ms. Karen Montgomery-Gagne presented the case and stated the owner, Mr. Gary Douglas, was present to provide any additional information for the Commission. Ms. Gagne stated the proposal involved a request to install new cedar and chain-link fencing along with metal gates that would be similar to wrought iron. Ms. Gagne advised the subject property was located at the corner of Avenue E and Buchanan in the West Floral Heights Historic District. The home was constructed circa 1919 in the Tudor Revival style and is a contributing structure to the West Floral Heights Historic District. Photos shown from 2004 when the district was being nominated along with other inventory photos from 2013 and 2019 illustrated existing chain-link fencing. Ms. Gagne stated the property had been well maintained with only changes in landscaping. Photos shown taken from Buchanan looking west toward 1412 Buchanan (which consisted of a double lot) had proposed black metal gates for the side yard, north of the house, which are a similar design and style of the front porch railing system. The view from corner of Buchanan and Avenue E, looking at the east and south facades, showed the side driveway and existing chain link fence with limited visibility due to landscaping and setback from edge of property. A photo from the north lot area where fencing was proposed parallel with the street will be setback approximately 58ft from sidewalk with metal gate(s), total 10ft width, proposed across the driveway. A view from the alley showed existing chain link style fence and gate along rear property line. Alley fencing will remain in place — no alterations proposed. An existing wood privacy fence separates 1408 & 1412 Buchanan. The proposed cedar fence will be 6ft tall and extend 51 ft to the north property line and approximately 33ft behind front setback (minimum 25ft). Ms. Gagne stated staff believed the proposal complies with Wichita Falls Design Review Guidelines Sec 4, provision of no new fences in WFH HD front yard setback. An existing section of chain link fencing runs along the rear and exterior side yard. The owner proposed installing two, 5ft wide chain link gates (10ft) across rear driveway plus an 8ft section of chain link fencing between new gate and detached garage apartment. Ms. Gagne stated staff interpretation of the proposal for new chain link in this location (rearlside yard) would comply with Wichita Falls Design Review Guidelines Sec 4, provision of chain link being historically present then new chain link may be allowed. Chairwoman Derr asked Mr. Douglas if he wanted to add anything to Ms. Gagne's presentation. Mr. Douglas stated he felt Ms. Gagne had presented everything. Chairwoman Derr asked if there were any comments from the public, and then the Commission. There were no public comments. Ms. Smith stated the Design Review Committee for the West Floral Heights District met and walked the grounds with Mr. & Mrs. Douglas and recommended approval of the proposal. Mr. Joel Hartmangruber made a motion to approve the request for 1412 Buchanan for placement of privacy fencing in the side yard with double metal gates (2 - 5ft) visible from Buchanan Street along with installation of 2 - 5ft chain link gates and an 8ft chain link fencing panel in the rear/side yard visible from Ave E based on compliance with the Wichita Falls Design Review Guidelines Sec. 4, Item 11 F and G. Ms. Smith seconded the motion. The motion passed unanimously. Landmark Commission 3 May 23, 2023 IV. Action Item: 1416 Hayes — Residential (West Floral Heights Historic District) • Address on-going violations, including installing a non-conforming door/windows without permits. • Possibly take action to recommend staff proceed with issuing municipal citations for all violations. Non-conforming Items: o Windows — vinyl; simulated divided lights o Door— solid steel; no glazing; storm door Ms. GagnA provided an update from the last two months when the Commission had taken action on March 28th, 2023. City staff was alerted to window installation being conducted by Home Depot on January 27, 2023. Installation was essentially completed when staff was notified. Ten windows had been replaced on east and south facades with direct visibility from Hayes and Avenue E with no permits or design review being obtained. Case was originally scheduled for consideration in February but Commission lacked quorum. A photo from May 12, 2023, showed the steel front door installed which the Landmark Commission denied in March. By April 2023, the door had been installed by the homeowner. The illegally replaced steel door does not comply with appropriate use of replacement materials, style and overall appearance is altered, thus impacting historic character. On March 28th, 2023, the Commission made the determination to deny solid steel door and recommend either: A) repairing original wood door, or B) replacement with a wood or fiberglass door that matched the same architectural style (Craftsman). The homeowner knowingly installed the new door after the Commission had denied the request. The replacement windows were vinyl double-hung; simulated divided lites and not the same configuration or materials as the original. Reflectivity and glare were visible from replacement windows; they did retain the same dimensions. Ms. Gagne advised the Commission on March 28th, 2023, staff determination was to deny windows as installed with vinyl which does not meet the City's Design Review Guidelines Sec. 4-Item 6 Windows/Screens. The windows need to be replaced with either wood, aluminum or aluminum clad wood material, any color, muntins on exterior and 6 over 6 configurations, with the middle single window (Hayes facade) being an 8 over 8 configuration. Staff indicated at this time, the owner was not going to consider making any additional alterations due to financial constraints. Previously, Mr. Moore with Home Depot had tried to work with the owner to exchange the new, uninstalled door for one that would be approved by the Commission. Home Depot representatives were told by the homeowner they were not to be on the property and therefore cannot make any alterations. Chairwoman Derr called for public comment. Mr. Rick Moore with Home Depot provided additional clarification for the Commission and staff. Mr. Moore noted that within one hour of the March 28th Commission meeting the homeowner had installed the denied steel front door. Mr. Moore provided additional background information having tried to work with the owners to exchange the custom 42-inch door via another custom door company in California but he was instructed to leave the property. He believed the owner had no interest in making the other changes noted by the Commission. Mr. Moore stated Home Landmark Commission 4 May 23.2023 Depot's hands are tied if the owner refuses to work with them while knowing the Commission has not approved the previously installed materials. Commissioners had questions for Mr. Moore, including Mr. Hartmangruber who inquired about the contractor for installation and why the work was done void of permitting. Mr. Moore explained some alteration projects are processed through the regional Home Depot Compliance Division and unfortunately in late fall 2022 the contractor registration with Wichita Falls had expired which resulted in a mix up with permits not being obtained and the work order somehow being approved to proceed in the Home Depot system. He was initially unaware of the secondary project for replacing the front door as it was done through the local Wichita Falls store (Home Depot Contracting) which likely only had information provided by the owner and unless informed of historic district status its likely not checked. Mr. Moore has since talked with store leadership and indicated this is something that needs to be checked. Orders placed with the store would have a third party installer who is subcontracted to install; with no framing involved was probably informed no permit necessary and went to the site to begin work. At that point, the City inspector finds no permit issued/design review authorization and issued the stop work order. Ms. Smith commented that in reading sections of the City's Code, it stated permits for doors are not needed unless framing involved and questioned based on photos shown by staff that framing appeared to be impacted with this case which would trigger permitting. Mr. Moore stated the order was for a pre-hung door and it appeared 1-inch wood trim work was added around the door to fill in the gaps which may resemble framing since it's new wood. When the original door was removed there was no wood framing to attach just the brickwork. He also informed the Commission that Home Depot doesn't allow framing as its considered a structural project that would trigger requirement for a structural engineer. Ms. Gagne reminded Commissioners staff currently have the authority for issuing citations via the Code of Ordinances — Chapter 62 (Historic Preservation) Sec. 2 and 3 related to compliance, enforcement and penalties. The Code references the maximum fine that can be assessed. The Commission must determine, if they choose to take action, what is an appropriate time frame in order to obtain compliance and if that would be: A) voluntarily by the applicant/owner or B) proceed with directing staff to issue citations. Mr. Hartmangruber commented he'd like more information from the owner, was he still on deployment, how long, etc. Another Commissioner inquired about the level of fines. Staff Legal liaison Ms. Aguon provided a point of clarification that fine amounts are set by municipal court. Pending determinations today, there are still options available for consideration and the Commission's direction will provide guidance to staff on ways to proceed. Discussion continued among Commissioners regarding next steps and timing for action, and consideration of 30-60 days. Mr. Hartmangruber reiterated he'd like to find out more information from the owner and hopefully work with him to reach compliance. Ms. Smith recommended 60 days and echoed Mr. Hartmangruber's comment. General discussion and members were in consensus on 60 days. Ms. Aguon requested clarification that the 60-days was to submit a design review application and then at that point if no application/communication move forward with citations? There was agreement from Commissioners with Ms. Aguon's clarification. Two motions were made by the Commission. Chairwoman Derr made a motion that the applicant/owner of 1416 Hayes resubmit a design review application to the Landmark Commission that complies with the City of Wichita Falls Design Review Guidelines and Landmark Commission 5 May 23, 2023 Secretary of the Interior Standards for Rehabilitation on or before sixty (60) days from today's meeting (May 23, 2023), and this case is to be returned to the Landmark Commission for review thereafter. Ms. Smith seconded the motion which passed unanimously. Chairwoman Derr introduced a second motion directing legal staff memorialize the deadline and requirements via a resolution (refer to Appendix A). Motion was seconded by Ms. Smith and passed unanimously. V. Action Item: 1501 Tilden — Residential (West Floral Heights Historic District) • Review revised application and consider action to address on-going violations, including installing a non-conforming door/windows without permits; • Possibly take action to recommend staff proceed with issuing municipal citations for all violations. Non-conforming Items: o Windows — vinyl; simulated divided lites o Door— double door; altered glazing; no side-lites Ms. Gagne provided an activity update from the last two months since the Commission had taken action on March 28th, 2023 in regards to the request to authorize prior alterations with removal of 9 wood windows, 1 single door, and 1 door with 2-sidelites, void of permitting approval. Staff recapped the Commission's motions from the March 2023 meeting: 1. Front Door: Motion to deny front door/side lites as installed; do not meet the City's Design Review Guidelines Sec. 4, Item 7 — Doors and submit a new application for a single front door and side lites that maintain the same configuration and design as original. Motion passed unanimously. 2. Sunroom Windows: Motion to deny the installed sunroom windows as they do not meet the requirements (City's Design Review Guidelines Sec. 4, Item 6 — Windows and Screens) for replacement windows as they need to be replaced with wood, aluminum or aluminum clad wood, exterior muntins and a 5 over 1 configuration. Motion passed unanimously. 3. Ground Floor Tilden Windows: Motion to deny the installed replacement windows (City's Design Review Guidelines Sec. 4, Item 6 — Windows and Screens) and replace with an appropriate material with exterior muntins and same configuration of 5 over 1. Motion passed unanimously. 4. Side Porte-cochere Door: Motion to accept the replacement side porte-cochere door as installed based on limited visibility from the public right of way (Ave E/Tilden) and similar size/materials as removed door. Motion passed unanimously. Staff received a new design review application on April 20th but it was missing significant information regarding replacement materials and how the alterations/revised materials would be in keeping with the historical character of the building. Dialogue on-going with the applicant/owner and on May 10th they indicated additional information would be submitted which was anticipated for return to the Landmark Commission for the June meeting. However, staff have continued to work closely with Legal on both 1416 Hayes and 1501 Tilden. It was determined that based on the state of non-compliance for both properties, the preference was to bring both cases back to the Commission at the same time. Landmark Commission 6 May 23, 2023 Chairwoman Derr called for public comments. Owner/applicant Ms. Whitni Simmons provided additional details for the Commission and staff noting she's working with Builder's Lumber for customized windows and doors. She emphasized the prior contractor (Aldana Construction) had told them permits were in place and their initial curved top front door design was actually denied and needed to make a different selection. However, they later discovered from City staff no alterations obtained review and their contractor did not have any building permits. Since the March Commission meeting, Ms. Simmons has painted the double front doors black and is researching fiberglass door materials. Regarding windows, they had used vinyl in an attempt to match materials on previously replaced windows from 2018 which they learned were also not authorized by the Commission. The chosen configuration was to match the 2nd story windows. Currently, Ms. Simmons said they are investigating options for aluminum clad wood windows with exterior muntins. Mr. Hartmangruber, as an architect and meeting on-site in January to look at the removed original materials, wanted to express his appreciation for the investment the Simmons have made and continuing to maintain the historic home. He understands this is a frustrating experience and spoke with the former contractor when they visited the site with staff. Commission discussion ensued with questions about taking action. Ms. Simmons stated they are following the directions from the Commission in March but they have limited funding after the investment with the prior installation. Chairwoman Derr stated in order for the Commission to review their revisions, a fully completed application was necessary. Mr. Hartmangruber explained the point of contact at Builder's Lumber could provide copies of the detailed material specification sheets for the alternate front door/3-part configuration and windows. Ms. Smith inquired if the front entry would have leaded glass and thanked Ms. Simmons for continuing to communicate and work with them and City staff. Ms. Simmons said no, but they are researching options to conform with the 3-part configuration with a single door and paired sidelites. Mr. Stone, the applicant's father, commented he had concerns with the significant investment the owners have made at 1501 Tilden yet around them are ignored buildings and problems on other people's property including metal sheds and junk being allowed. He asked why the Commission was so concerned when the Simmons have invested $8,000 for their front doors. Chairwoman Derr responded that the Commission is charged with following the City's Design Review Guidelines and the federal Sec. of the Interior's Standards for Rehabilitation and the Guidelines specifically state vinyl is not a permitted option. Mr. Dickinson commented that he understood they are now working with Builders Lumber but wondered about a tentative time line — 30, 60 days? Ms. Simmons responded that getting the revised application completed in 30 days would likely be okay but the $30,000 to pay for replacement windows and front door/sidelites would be an issue. She explained they had already paid their prior contractor so they now have to work through the legal process. Ms. Simmons further stated she wanted to be transparent with the Commission as they have no idea how long that timeline would take for obtaining the funds. Ms. Graham inquired if Ms. Simmons had children. She stated yes. Based on that response, Ms. Graham commented the applicant was busy with children's schedules, working and trying to address these issues. Therefore, Ms. Graham stated extra time was needed with summer break approaching coupled with no July Landmark meeting and recommended 90-days for submittal of a complete application. Landmark Commission 7 May 23, 2023 Chairwoman Derr introduced a motion for 1501 Tilden setting a required action timeline for submission of a revised Design Review Application which is deemed sufficient for Landmark Commission review within 90 days of today's meeting (May 23, 2023). Ms. Smith seconded the motion that passed unanimously. VI. Other Business: a) Monthly Reports Depot Square: Ms. Derr gave the following updates: • Farmers Market — open Saturdays • Farmers Market - 8th & Austin — Summer hours starting May, open Tues. & Thurs. West Floral Heights: Ms. Smith stated there were no updates. b) Updates: • Sec. 106 Review: 3344 Old Burk Hwy — Communications Tower Proposal • Holt Hotel —THC Facade Easement Approval: In-kind Maintenance Project • Historic Marker Refurbishment Project • Wichita Falls Historic Resource Survey — Digitization/Web Access Project c) Resources/Periodicals: • NAPC Window Replacement Myths; • Window Repair Resources; • 18 Things Preservation Commissions Should Avoid; • Preservation (Spring Issue) d) Design Review — Staff Authorized — Minor Alteration/Repairs: • 1515 Tilden - WFHHD — replace water heater • 1612 Tilden — WFHHD — gas pressure test/plumbing VII. Adjourn Next regularly scheduled meeting June 27, 2023 — 12 p.m. Meeting adjourned at 1:21 p.m. Michele Derr, Chairperson Date Landmark Commission 8 May 23, 2023 APPENDIX A Landmark Commission Resolution Resolution providing for a 60-day deadline for the property owner at 1416 Hayes Street, Wichita Falls, Texas 78309, to submit a design review application to the Landmark Commission for review. WHEREAS, the property owner at 1416 Hayes Street,Wichita Falls, Texas 76309, performed major alterations to the exterior of the historic property, including alterations to the front door and the installation of multiple vinyl windows, without prior Application to the Landmark Commission; WHEREAS, the materials installed by the property owner at 1416 Hayes Street, Wichita Falls, Texas 76309, do not conform to the City of Wichita Falls Design Review Guidelines and the Secretary of the Interior Standards for Rehabilitation; WHEREAS, the property owner at 1416 Hayes Street, Wichita Falls,Texas 76309 has not submitted a revised application that addresses the determinations of the Landmark Commission on March 28, 2023; WHEREAS, Landmark Commission wishes to pursue compliance with the City of Wichita Falls Design Review Guidelines and Secretary of the Interior Standards for Rehabilitation; and or NOW, THEREFORE, BE IT RESOLVED BY THE LANDMARK COMMISSION OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Landmark Commission hereby requires the property owner at 1416 Hayes Street,Wichita Falls, Texas 76309, submit a Design Review Application to the Landmark Commission that complies with the City of Wichita Falls Design Review Guidelines and Secretary of the Interior Standards for Rehabilitation on or before sixty(60)days from the date of this resolution, and this case is to be returned to the Landmark Commission for review thereafter. PASSED AND APPROVED this the 23n'day of May 2023. ! ' L ot kl\i4"- 4.._ CHAIRPERSON ATTEST: area Iy1 ntg gne Landma Commission Liaison City of Wichita Falls PAGE 1 OF 1 PAGES AGENDA ITEM NO_