Landmark Commission Minutes - 08/22/2023 LANDMARK COMMISSION
MINUTES
August 22, 2023
MEMBERS PRESENT:
Michele Derr • Chairwoman
John Dickinson • Member
Christy Graham • Member
Joel Hartmangruber ■ Member
Andy Lee ■ Member
Noros Martin • P&Z Liaison
Janel Ponder Smith ■ Member
Tim Brewer ■ Council Liaison
Monica Aguon, Assistant City Attorney • City Staff
Terry Floyd, Development Services Director • City Staff
Karen Montgomery-Gagne, Principal Planner/HPO ■ City Staff
Christal Cates, Administrative Assistant • city Staff
ABSENT:
Nadine McKown ■vice-Chairwoman
Marcela Medellin ■ Member
GUESTS:
Kim Tigrett, WFHHD President • 1301 Grant St.
Bill Andersen, Owner of 522 Ohio Avenue ■4403 Post Oak
I. Call to Order, Introductions and Welcome
Chairwoman Michele Derr called the meeting to order at 12:01 p.m. Ms. Derr had
Commission members, staff and guests, introduce themselves.
II. Review & Approval of Minutes from: July 12th, 2023
Chairwoman Derr called for review and approval of the July 12, 2023 Landmark
Commission meeting minutes. Mr. Joel Hartmangruber made a motion to approve the
minutes, Mr. John Dickinson seconded the motion. Minutes were unanimously
approved 7-0.
Regular Agenda
Ill. Action Item: Design Review — 522 Ohio Avenue (Depot Square District—local& national
designation)
Request to Rehabilitate Ohio Facade:
• New windows (3): double pane, wood frame, tempered lowE glass
Landmark Commission 2 August 22, 2023
• New doors (2): Belleville smooth fiberglass entry door
Ms. Karen Montgomery-Gagne presented the case and stated the owner and applicant,
Mr. Bill Andersen, was requesting approval from the Commission to rehabilitate the
structure located at 522 Ohio Avenue. Ms. Gagne advised the Commission the structure
was a non-contributing structure, however, it still had significance having both local and
national designations.
Ms. Gagne stated the subject property was located at 522 Ohio Avenue, between 5th
and 6th Streets. The structure, known as the H. C. Lueke Building, was built in 1909 in
part of the downtown service area. In 1925 it was combined with the adjacent building
for a tractor, implement and tin shop. Inventory photos from 2013 showed the brick
veneer facade added in the 1950's. The second photo from the 2019 inventory showed
doors repaired/replaced with wood panels.
Ms. Gagne advised the proposal she was presenting was for 3 new windows and 2 new
doors and that there were no changes to the facade. Both windows and doors proposed
for replacement with a fiberglass smooth finish commercial style door and a Lincoln-
brand wood framed double-pane tempered lowE window. Ms. Gagne stated the
precedent for use of fiberglass replacement doors had previously been set in the Depot
Square Historic District and reminded the Commission this was a non-contributing
structure. Staff recommended the proposal as it was in keeping with the City's design
standards using materials accepted in the district and the original windows were not
functional.
Mr. Noros Martin asked the owner the intended use of the building. Mr. Andersen stated
it was currently used for storage (props and costumes) by the Backdoor Theatre and
would remain storage. He added Backdoor Theatre had leased space at 600 6th St but
additional space was needed for the Sixth Street Winery so he purchased abutting
building. Mr. Andersen said he was petitioning to make changes for facade
beautification while making the structure more secure.
Chairwoman Derr asked if there were any comments from the public. With no comments
from the public, Ms. Derr asked if there were any further questions from the
Commission. Mr. Andy Lee made a motion to approve the design review request at 522
Ohio Ave., a non-contributing building, to install 3 commercial windows with wooden
frames and 2 commercial smooth fiberglass entry doors all utilizing existing
openings. Project as outlined determined to be in compliance with Wichita Falls Design
Guidelines and Standards Sec. 4 Item 6 (Windows and Screens) and Item 7 (Doors).
Ms. Janel Ponder-Smith seconded. The motion passed with a vote of 7-0.
IV. Action Item: Design Review — Non-Compliance — 1501 Tilden Street (West Floral
Heights Historic District)
Non-Conforming Items:
• Windows — vinyl; simulated divided lites
• Front Entry Door— double door; altered glazing; no side-lites
Landmark Commission 3 August 22,2023
Ms. Karen Montgomery-Gagne presented the case and stated this petition was to
consider the owner's request for additional delay in enforcement to give owner another
extension of time to submit a revised design review application deemed sufficient for
review by the Commission at the November 28, 2023 meeting. Ms. Gagne gave a brief
overview of the project and timeline. The applicant was not present due to work
scheduling. Ms. Gagne apologized to the Commission and stated she still had not
received a fully completed revised application from owner.
Staff stated the subject property was located at 1501 Tilden Street, corner of Avenue E
and Tilden Street in the West Floral Heights Historic District. The structure, built in 1920
was designated in 2004 and is contributing to the district. Inventory photos from 2013
showed the façade essentially unchanged other than paint and a missing shutter. The
photos clearly show the 2nd story windows as 6 over 1 pattern, the 1st story, 5 over 1
windows and the 9 over 9 windows on the south wing. The home has a two-story entry
porch with a flat roof with Greek style columns that are a defining feature. In 2017 the
Commission approved design review alterations to address water leak damage to the
interior; replacing the tile roof with alternate materials and flashing added along with
alternate materials around the dormers. However, there were also unauthorized
alterations made by a previous owner sometime in 2017/2018 that included replacing
dormer windows with 2 over 2 pattern and other windows on the rear, side and upper
story.
A stop-work order was issued December 19, 2022 for no building permits or design
review authorization for alterations. Alterations included vinyl window inserts installed
with an alternate pattern 4 over 1 instead of original 5 over 1 style; simulated divided
lites and single hung. Original windows were constructed of wood with exterior muntins
(wood strips separating glass panes); double-hung. The owners indicated replacement
windows were installed for improved energy efficiency, conservation and security. On
February 10, 2023, an on-site meeting was held to view the removed windows. It was
determined by an Architect and Craftsman from the Landmark Commission that the
original wood windows(from Tilden façade 1st story; 5 over 1 pattern); could be repaired;
deglazed and repainted.
Ms. Gagne advised, the Secretary of the Interior Standards for wood stated replacement
elements must match the design and detailing of the original or historic feature as
closely as possible, and they must be replicated using similar elements at the site as a
template or through the use of historic photographs. Ms. Gagne further advised the
Design Guidelines for the City of Wichita Falls stated for windows (pages 56-57) the
following:
b. Retain & restore original windows, window surrounds, and screens unless
deteriorated beyond repair.
c. Storm windows may provide increased energy efficiency without damaging historic
windows.
d. If original windows or screens deteriorated beyond repair, replacement windows
shall maintain the same size, profile, configuration, finish and details as the original
windows.
Landmark Commission 4 August 22,2023
f. False muntins inserted inside the glass are not permitted: true divided lites or
dimensional muntins on outside of glass and spacers inside glass provide
appearance of true divided lites.
h. Although some substitute materials, such as extruded aluminum, may be used
for replacement windows, the appearance of the window from the public right-of-
way shall closely resemble the original in size, configuration, profile, and finish.
Vinyl is not an appropriate substitute material.
On March 28, 2023 the Landmark Commission unanimously voted to deny the illegally
installed sunroom windows as they did not meet the requirements (City's Design Review
Guidelines Sec. 4, Item 6—Windows/Screens)for replacement windows as they needed
to be replaced with wood, aluminum or aluminum clad wood, exterior muntins and a 5
over 1 configuration. Also voted to deny the illegally installed replacement windows on
Tilden facing facade (City's Design Review Guidelines Sec. 4, Item 6 —
Windows/Screens) and recommended replace with an appropriate material with exterior
muntins and same configuration of 5 over 1. At this same meeting the Commission
unanimously voted to deny the illegally replaced double front doors as installed as they
do not meet the City's Design Review Guidelines Sec. 4, Item 7 — Doors and submit a
new application for a single front door with paired side lites that maintain the same
configuration and design as original.
Current photos taken August 14, 2023 clearly show the non-compliant double front
doors painted black. Ms. Gagne advised since the Commission's ruling in March only a
partial design review application was submitted in April for replacement door options
and windows. The Commission unanimously passed a motion at the May 23, 2023
meeting requiring action from owner within 90-days for submission of a revised Design
Review application deemed sufficient for consideration by Landmarks. That time frame
expired August 21, 2023.
Ms. Gagne stated the owner contacted staff August 7th requesting another 3 month or
sooner extension after a significant 2nd floor water leak. Photos sent from the owner
show damage to downstairs ceiling/walls. Insurance claim was denied as pipe burst not
a faulty shower pan. Also discovered drainage pipes under house need replacement.
Service Master was contacted to dry out walls and ceiling. The applicant was working
with Scott Hollars at Builders Lumber, to obtain spec sheets for new door and aluminum
clad windows with exterior muntins. Ms. Gagne did note that as of August 22, 2023, no
permits were on file to initiate plumbing repairs.
Mr. Joel Hartmangruber asked if this motion was to enforce the non-compliance issues
and if any action was taken against the contractor. Ms. Gagne advised the contractor
was issued a ticket that was paid and a lengthy meeting with staff to explain why they
were issued a ticket. Mr. Terry Floyd stated replacing windows required a permit even
if they are not historical and the contractor had previous projects replacing windows.
Mr. Lee stated he felt a design review was needed with the applicant present and would
like the Commission to consider possibly allowing an extension to be granted. Ms.
Gagne stated staff recommended no more than a 30-day extension be given due to the
Landmark Commission 5 August 22,2023
lack of progress. Mr. Martin asked if the extension was granted if staff believed the
applicant would comply since they had not in the previous 6 months. Ms. Gagne stated
it would be up to the Commission to grant an extension. The previous 90-day extension
given was lengthy with no progress made and staff believed a 30-day extension was
enough time to have all paperwork submitted with a completed design review
application.
Discussion among the Commission on an exact time-frame with the Labor Day weekend
and exactly what would be due at the time given for voluntary compliance. Mr. Martin
made a motion to approve a 30-day extension with a design review application due on
September 5, 2023. After brief discussions on the correct wording, Mr. Martin recanted
his motion. Chairwoman Derr made the motion granting an additional time extension for
1501 Tilden until the next Landmark Commission meeting scheduled for Tuesday,
September 26, 2023 and the applicant is informed the revised design review application
(sufficiently complete for consideration) shall be made to City staff in a timely manner
by Tuesday, September 5, 2023 to be considered by the Landmark Commission. Mr.
Martin seconded the motion that passed unanimously with a vote of 7-0.
V. Action Item: Design Review — Non-Compliance — 1416 Hayes Street (West Floral
Heights Historic District)
Non-Conforming Items:
• Windows — vinyl; simulated divided lites
• Front Entry Door— solid steel; no glazing; storm door
Ms. Karen Montgomery-Gagne presented the case and stated this non-compliance
case was being brought before the Commission after lapse of 60-days the Commission
provided to encourage owner's voluntary design review compliance, consider staff's
plan to proceed with enforcement, including but not limited to issuance of any
appropriate municipal court citations under supervision of the director.
Ms. Gagne stated the subject property, located at 1416 Hayes Street, northwest corner
of Hayes Street and Avenue E was constructed in 1925 and was a contributing structure
in the West Floral Heights Historic District. A brief overview of the previous proposal
was given and a photo taken in 2019 showing a screen door added to the primary front
entry and the former windows on Hayes Street facade with a 6 over 1 pattern and the
east facade windows 6 over 6 pattern in place. In February, City staff were alerted to
window installation being conducted by Home Depot. The installation was essentially
completed when staff was notified with no permits or design review having been
obtained. Ten windows had been replaced on the east and south facades, with direct
visibility from Hayes Street and Avenue E. At the March 28, 2023 Landmark
Commission meeting the Commission unanimously approved the denial of windows as
installed with vinyl which did not meet the City's Design Review Guidelines Sec. 4- Item
6 Windows/Screens. The windows would need to be replaced with either wood,
aluminum or aluminum clad materials, any color, muntins on exterior and 6 over 6
configurations, with the middle single window (Hayes facade) being 8 over 8
configurations.
Landmark Commission 6 August 22,2023
On March 7, 2023 a stop-work order was issued during the process of removing and
replacing the primary front entry door without an approved design review. The former
front door had 8-lites and beveled glass. The door appeared original based on design
and unique size (43.5 x 85.75 inches). The replacement door was a JELD-WEN steel
single door unit with no glazing did not match the style, materials and design to fit the
Craftsman architectural style or meet the minimum design review guidelines. At the
March 28, 2023 Landmark Commission meeting the Commission unanimously denied
the replacement solid steel door and recommended either repair original wood door or
replace with either a wood or fiberglass door that matches the same architectural style.
Home Depot agreed to work with the homeowner and agreed to return the custom
ordered door and replace it with a recommended door that would meet the design
guidelines. A photo from May 17, 2023 showed the steel front entry door denied by
Landmark Commission on March 28, 2023 then installed by homeowner. The contractor
for Home Depot attempted to work with applicant/owner to exchange the custom steel
door with a typical Craftsman-style accepted by Commission. Owner requested
contractor leave the premises. Vinyl windows still remain in place with no compliant
alternative that meets Wichita Falls Design Review Guidelines. Owner indicated in May
no funds to replace.
During preparation for the proposal, staff found the homeowners met with Home Depot
and started designing the window project in September 2022. It was noted there would
have been an abundance of time to come before the Commission for a design review
approval for acceptable materials used on this project. The 60-day extension given by
the Commission to submit a design review application expired July 21, 2023. During the
most recent conversation with staff on August 9, 2023 the owner re-iterated, the
windows and door will not be replaced due to inability to afford new replacements after
already spending $15,000.
Chairwoman Derr asked if there were any comments from the public, no comments
made. Ms. Graham stated the Commission could enforce this case, however, it would
only result in a one-time fine of$500. Assistant City Attorney, Ms. Monica Aguon, stated
it could be up to $500 per day, each day the owner was in non-compliance. Mr. Floyd
stated a ticket could legally be written every day but this case would be reviewed before
each citation written. Ms. Aguon stated it was recommended staff prepare as it was the
Commission's duty to enforce the non-compliance while staff continued to work with the
property owner to bring the items into compliance. Mr. Floyd stated the frequency of the
citations issued would increase with the amount of time the owner continued in non-
compliance with no communication to staff. Mr. Floyd advised it was his and staffs
wishes to work with the owner and move into compliance as soon as possible.
Mr. Hartmangruber stated he wished to see this resolved between the contractor and
the homeowner. Mr. Martin made the motion to approve staff enforcement of the non-
compliant items. Mr. John Dickinson seconded and the motion which passed with a vote
6 Commission members in favor and 1 opposed.
Landmark Commission 7 August 22,2023
VI. Other Business:
a) Monthly Reports
Depot Square:
Ms. Derr gave the following updates:
• August 25'h— 27th Hotter `N Hell weekend
• September 15'— Burn Shop hosting Block Cook-Off on Ohio
• September 7th —Art Walk
West Floral Heights:
Ms. Ponder-Smith gave the following updates:
• Letter drafted to West Floral Heights Historic District property owners about the
importance of historic preservation and adhering to guidelines.
b) Updates:
• Revision — Chapter 62 Historic Preservation Ordinance
• 502 Ohio Ave. — Depot Square Historic District
• West Floral Heights HD — Marker Project
• THC — CLG Role: Monitoring State & Federally Designated Resources
c) Resources/Periodicals:
• Preservation - National Trust
d) Design Review — Staff Authorized — Minor Alteration/Repairs:
• 600 8th St— Historic Holt Hotel (Depot District/Landmark)—various site repairs (THC
authorized)
• 615 7th St— Depot Square HD — sewer tap
• 617 7th St— Depot Square HD — fencing/shade sail permits (Landmark authorized)
• 1512 Buchanan —West Floral Heights HD — HVAC change out
• 1605 Buchanan — West Floral Heights HD — backflow/sprinkler replacement
• 1712 Buchanan — West Floral Heights HD — replace water heater
• 1300 Tilden —West Floral Heights HD — driveway approach replacement
• 1509 Tilden — West Floral Heights HD — 60ft sidewalk replacement/drive approach
permits
• 1615 Hayes —West Floral Heights HD — in-kind replacement roof
• 1413 Hayes —West Floral Heights HD — meter panel repair/storm damage
• 408 Morningside (NRHP District) — Information purposes only: backflow
test/replacement
VII. Adjourn
Next regularly scheduled meeting September 26, 2023 — 12 p.m.
Meeting adjourned at 1:08 p.m.
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Michele Derr, Chairperson Date