c. Consider an application from Robert Hunter to construct a house at 1902 Sholars Avenue

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1 HISTORIC PRESERVATION COMMISSION MEETING August 8, :30 P.M. NEIGHBORHOOD FACILITY BUILDING MEETING ROOM (Planning and Community Development/Public Works Building) th Street Orange, Texas Call to Order 2. Minutes a. Approval of minutes of the May 22, 2017 meeting b. Approval of minutes of the June 13, 2017 meeting 3. Action/Discussion Items a. Consider an application for a Certificate of Appropriateness from URS Corporation to demolish the house and accessory structure at 1306 West Cherry Avenue and construct a new house. b. Consider applications for Certificates of Appropriateness from Jim and June Hood to make alterations and re-paint the house at 1005 W. Orange Avenue. c. Consider an application from Robert Hunter to construct a house at 1902 Sholars Avenue d. Consider an application from the City of Orange to demolish a structure located at nd Street 4. Adjournment Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun De conformidad con la Secci n del c digo penal (entrada de persona con licencia de portar o llevar armas de mano oculta), una persona licenciada bajo el subcap tulo H, cap tulo 411 del c digo de gobierno (ley de licenciaci n para portar o llevar armas de mano) no se permite entrar en esta propiedad con ninguna armas de mano oculta Texas Penal Code 30.07: 1

2 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly De conformidad con la Secci n del c digo penal (entrada de una persona con licencia de portar o llevar armas de mano visible), una persona licenciada bajo el subcap tulo H, cap tulo 411 del c digo de gobierno (ley de licenciaci n para portar o llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna armas de mano visible No Firearms Allowed No se permite ninguna armas de fuego 2

3 Page 1 of 5 HISTORIC PRESERVATION COMMISSION Monday, May 22, 2017 Meeting Minutes Members Present: Ben Meadows Chairman Suzanne Perry... Vice Chairman Curtis Jeanis.Member Members Absent: Harry Wood... Member Staff Present: John Cash Smith, City Attorney Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary City Council Members Present: Annette Pernell Chairman Meadows called the meeting to order at 5:30 p.m. REGULAR BUSINESS - APPROVAL OF MEETING MINUTES Chairman Meadows asked for a motion to approve the meeting minutes for May 9, 2017 Vice Chairman Perry motioned Member Jeanis 2 nd Vote: 3-0 Motion Carried OLD BUSINESS None NEW BUSINESS a. Consider an application for a Certificate of Appropriateness from Christine Vermuelen to construct a fence at th Street Attorney Smith presented background on city ordinances about fences and stated amendments were made in regards to fence height in 2014 lessening the height allowed for fences in front yards from five (5) feet to four (4) feet. He stated permits are required for any fences built and in the Historic District, fences in front also have to be non-opaque. Non-conforming use fences may be changed in a way that decrease its non-conformity. He stated that what s before the commission, is a wooden fence that replaced a non-conforming use fence that has already been 3

4 Page 2 of 5 built with no permit and at its lowest is about five (5) feet tall. It was reported by someone to the city and it s the duty of the staff to look into it, which was done. He stated it that it s before the commission to determine whether the fence should be allowed or not allowed after listening to what the people have to say; also, the city has made a recommendation. He stated the reason for the ordinance is quite obvious, that nobody wants non-opaque fences in front of houses for public safety. This fence is not exactly in the front of the house it is in the front, where the front door is now located but over to the left side and was a non-conforming use. He stated the commission has to consider on whether or not to allow this fence in the Historical District and what precedent it may or may not set by having the fence there. He stated to make an exception, a reason has to be found and he is showing to look in the one part of the ordinance and see if the Commission thinks it is a non-conforming use that hasn t been changed. Leslie Barras W. Cypress Orange: Ms. Barras stated she was representing Christine and Wayne Hanchey at th Street. Ms. Barras stated that they are asking for an after the fact Certificate of Appropriateness to approve 28 linear feet of a replacement fence. What is now the primary street façade on 8 th Street was originally the side of the house. The house originally faced Orange and sometime between 1926 and 1961, the house orientation was changed to where it sits now. There is 77 feet of an existing non-conforming fence in what is now the front part of that house and there are two components to that non-conforming structure 1) the chain link fence along 8 th Street and 2) a wood structure that really can t be seen that connects to the chain link and brings it to the house. Both were constructed prior to the Historic Overlay Zoning District (August 1997) making it non-conforming. Last year Mr. Hanchey replaced 28 feet of the chain link portion of the fence and did not get a permit. Ms. Barras presented a copy of her letter to Attorney Smith presenting the Hanchey s legal position for the record (attached). She referenced Section (1)(C)(ii) of the city ordinance and stated their position was that this was a permissible alteration of an existing non-conforming structure. She stated that generally with grandfathering/nonconformity if you don t alter more than fifty percent of the structure then you maintain the non-conformity and that is a permissible alteration. The part that was replaced by Mr. Hanchey represents about 37 percent of the entire length of the fence and because the wood part was a little bit higher, the expansion was about 25 percent so both are well under the 50 percent trigger that usually would cause the people to rethink the grandfathered status. The Historic Overlay Zoning District front fence height is actually still 5 feet not 4 feet. When the City made the change to the Zoning District Ordinance to change it from 5 to 4, for some reason they did not change the Historic District height. Ms. Barras stated their position is what s before the Commission, is a permissible non-conforming alteration and don t actually need to grant an exception and can work within the replacement work that was done and still consider it a change to a non-conforming structure and then it becomes a matter of the look and aesthetics of the fence. The wood part of the fence has a scalloped design and that s what Mr. Hanchey repeated in this 28 feet of replacement fence. Ms. Barras asked that the letter from the Vines be added to the record. Chairman Meadows opened the floor to public comments at 5:51pm John Backer th Street, Orange: Mr. Backer stated he sent a letter and his biggest issue is that there are a lot of other issues in the Historic District besides someone making an improvement and maintaining their property and can be seen by driving around the city. The only 4

5 Page 3 of 5 thing the Hancheys are guilty of is that they didn t get a building permit and if the city wanted to, they could charge them a building permit fee and they would be glad to pay it. Mr. Backer stated that Ms. Barras has pointed out that there is an out that the Hancheys would have been granted had they presented that prior to and he s also seen where this committee has given variances to others within the Historic District in the past. He respectfully asked that they allow a variance or non-conforming alteration to happen. Annette Pernell 912 Pine, Orange: Council Member Pernell stated that she agreed with Mr. Backer that there is a lot going on in the Historic District that is busted up and this fence enhances it and makes it look good. She stated that there are a lot of people trying to make the Historic District look good and our job is to help each other. She stated that there ought to be some sort of booklet or pamphlet given to those who decide to move into the Historic District to give them something to go by. Ms. Pernell stated that it s not conducive for someone to spend their hard earned money to build a fence to better their property for them to have to tear it down to try and redo it and if they are within the boundaries that they are supposed to be in, it should stay. Attorney Smith stated that we would be here whether the fence was 5 feet or 4 feet. Julie Chisholm th Street, Orange: Ms. Chisholm stated that the old fence was ugly and took away from the beauty of that house and the garden that they planted, the flowers, the front yard and the house, painted nicely. They replaced that ugly, broken down chain link fence that was rusted and really not a whole lot of use that she could see. They replaced it with a fence that is beautiful and hope that the Commission decides to let it stay. Kevin McAdams 912 W. Cypress, Orange: Mr. McAdams stated that he believes that it is an allowable alteration to a preexisting non-conforming condition and echoes Leslie s comments. He stated he has done some work in another Historic District in another city and was involved in some of the guidelines and can assure the Commission that if this was brought to them, this would pass and would be an allowable exception as it was just a very minor change, a slight increase in the surface area and a huge increase in the appearance and quality and is acceptable. Helen Delarue 1006 W. Orange, Orange: Ms. Delarue stated that the fence does not obstruct the postal service. Attorney Smith stated that a fence in front of the house, obstructs the postal service and this fence does not obstruct the postal service and he was talking about the purpose of not allowing opaque fences that are in the front of a house and this is not. Mr. Backer stated that from a safety standpoint, going down that alley turning on to 8 th Street, you couldn t see to the north before because of the bushes and had to get almost into the road to see and now don t have that issue and so it is much safer. Chairman Meadows asked if the fence obstructs. Mr. Backer stated it does not obstruct and have got a clear view when coming down to the road. Ms. Barras stated the reason she brought up the 5 foot fence is because it is still applicable in the district and that s the benchmark used to analyze the area enlargement for the fence and so going to the higher fence in this 28 feet, it actually did increase the area of the fence not quite 25 5

6 Page 4 of 5 percent. Chairman Meadows asked if doing it on square footage. Ms. Barras stated yes as well as linear replacement. Ms. Chisholm stated that a chain link fence in the Historic District to her is out of place as it s not historic, doesn t look historic and a wooden fence looks so much more historic and correct for the neighborhood. Ms. Barras asked that the Vine s comments were read into the record. Chairman Meadows read the letter from Geralyn and Harry Vine (attached). Chairman Meadows stated his concern that there are rules and regulations in the city that have to be maintained and Ms. Hanchey owns two businesses in town that he s aware of and she is well aware of codes and ordinances and things of this sort. Out of consideration for the neighborhood, everyone has to follow the rules especially when having such problems with trash and other things in this neighborhood. He has nothing but the upmost concern for his neighborhood and personally doesn t have a problem with it but has a problem with the way in which it was done. It was brought before the Commission to revamp the thing on 4 foot fences and as far as he can remember it was passed and so that should have been reduced at that point. Attorney Smith stated he wasn t sure what happened and has to check into it. Chairman Meadows stated that the Hanchey place is kind of a weird duck because there is a side yard and front yard situation with the fence and it would have been really good if this would have been brought before the Commission first as it is really important to have a set of rules that we all can follow as a community. He stated it is a nice looking fence, straight as an arrow. Chairman Meadows asked for any comments. Vice-Chairman Perry stated the fence in gorgeous, it s just the fact that they didn t get a Certificate of Appropriateness just like when someone wants to paint we have to make sure the colors are allowed. Chairman Meadows stated we try to adopt color pallets, rules for altering house and not to make everybody fall in the same rut but to make the neighborhood conform and flow nicely as the Historic District. He s thought about this a lot and is stuck between city ordinances and what he feels like. The fence actually does not conform as if the fence is in front of the house it s 50 percent opacity maximum. This is a full opacity fence at least 90 percent. Ms. Barras stated just to clarify, the wood part of the non-conforming fence in the front yard is also not see through, so there is an existing non see through part of that non-conforming, it s not all chain link. That s part of their argument as there was not an alteration that exceeded the opacity by more than 50 percent of what is there already. Chairman Meadows stated a chain link fence was changed to a solid fence. Ms. Barras stated if you re looking at the fence as a whole, all 77 feet of it when looking at the front door, the non-conforming fence is the chain link and then there is a wood fence that is a part of that non-conforming structure and her point is that 6

7 Page 5 of 5 there is an existing non see through fence there and this partial replacement doesn t exceed the 50 percent threshold. Ms. Barras stated to emphasis, they are not asking for an exception but agree that this was a non-conforming alteration and approve the COA on aesthetics. Chairman Meadows asked if there has been a COA submitted. Attorney Smith stated yes, but they submitted it after building the fence. Stephen Kosh th Street, Orange: Mr. Kosh stated he walks through the neighborhood a lot and he thinks the fence adds to the house. Ms. Barras stated that the Commission is always going to have after the fact projects come before them as that is the nature of life, of people s different levels of understanding and so part of this is balancing that. Chairman Meadows motioned to approve the COA and take a vote Vote: 3 0 Approved b. Consider an application for a Certificate of Appropriateness from Alan Mesecher to re-paint his house and repair/replace any damaged wood at th Street Alan Mesecher th Street, Orange: Mr. Mesecher stated he is in the process of repainting his house the same colors and replacing rotten wood. Chairman Meadows asked if Mr. Mesecher is changing the house at all structurally. Mr. Mesecher stated no. Vice Chairman Perry motioned to approve Member Jeanis 2 nd Vote: 3-0 Approved Chairman Meadows motioned to adjourn Meeting adjourned at 6:28 p.m. 7

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13 HISTORIC PRESERVATION COMMISSION Tuesday, June 13, 2017 Meeting Minutes Members Present: Ben Meadows Chairman Suzanne Perry... Vice Chairman Harry Wood... Member Members Absent: Curtis Jeanis.Member Staff Present: Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary City Council Members Present: None Chairman Meadows called the meeting to order at 5:40 p.m. REGULAR BUSINESS - APPROVAL OF MEETING MINUTES None OLD BUSINESS None NEW BUSINESS a. Consider an application for a Certificate of Appropriateness from William Stark to replace four windows on the house at 1900 W. Hart Avenue Mr. Knauf stated Mr. Stark is wanting to replace four windows with similar windows except they are metal instead of wood as shown in the pictures attached. Mr. Knauf stated he d recommend approval. Member Wood motioned Vice Chairman Perry 2 nd Vote: 3 0 Approved Member Wood motioned to adjourn Vice Chairman Perry 2 nd Meeting adjourned at 5:45 p.m. 13

14 MEMORANDUM To: From: Subject: Historical Preservation Commission Kelvin Knauf, Director of Planning and Community Development Consider an application for a Certificate of Appropriateness from URS Corporation to demolish the house and accessory structure at 1306 West Cherry Avenue and construct a new house Date: June 22, 2017 Background Attached for your consideration is an application for a Certificate of Appropriateness from URS Corporation to demolish the house at 1306 Cherry Avenue and construct a new hurricane house at that location. Pictures of the existing house is included in your agenda packet. If approved, this house would be funded through the South East Texas Hurricane Ike Disaster Recovery Housing Program. The house that URS is proposing is the same style as the hurricane house located at 1408 W. Cherry Avenue. Recommendation I recommend that the Historic Preservation Commission approve the Certificate of Appropriateness for demolition of the existing house and construction of a new house at 1306 W. Cherry Avenue. 14

15 City of Orange, Texas APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Applicant Information and Requested Action Applicant: Type of Request: Has request been made before? Title (Mr., Ms.): Ms. Painting Yes Name: Adrienne Campbell, AECOM X New construction X No Mailing Address: 7389 Florida Blvd., Suite 300 X Demolition If yes, date of last City, State, ZIP: Baton Rouge, LA Telephone: Fencing Alteration request adrienne.campell@aecom.com Repair Other (please state) Property description Address: 1306 West Cherry Avenue Tract: Lot: 8 OR Plat: Block Number: 29 Survey, Abstract #: Addition: Blanchette Below briefly describe the proposed improvements or change on the property. Certificates of Appropriateness regulations are found in Chapter 12, Section 606(6)(c)(1) of the City Codes. The program proposes demolition and new construction. The new building is a standadized plan developed by the South East Texas Disaster Recovery program. Applicant s signature: For office use only Date: 6/14/17 Date Received and Staff: Approved as requested Modified Denied Director Signature and Date: Comments: Approval of a Certificate of Appropriateness does not exempt the need for a building permit or other permits required by the City of Orange. Submit this form at 303 N. 8 th Street during regular business hours or fax to (409) Page 1 of 14 15

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18 June 14, 2017 Mr. Kelvin Knauf 330 N 8 th Street PO Box 520 Orange, Texas South East Texas Regional Planning Commission Hurricane Ike Disaster Recovery Housing Program Round 2: Application for Certificate of Appropriateness Application ID: SET West Cherry Avenue, Orange, Texas (Orange County) Dear Mr. Knauf: We are submitting the attached application of a Certificate of Appropriateness for demolition and construction of a new residence at 1306 West Cherry Avenue in Orange, Texas. This program is funded with a Community Development Block Grant (CDBG) from the Department of Housing and Urban Development (HUD), through the Texas General Land Office (GLO). Using the National Register criteria for evaluation (36 CFR 60.4), we have determined that this property is a contributing resource to the Old Orange Historic District. Under separate cover, we submitted a Section 106 determination that the project poses an Adverse Effect to historic properties to the Texas Historical Commission and proposed mitigation for the loss of the resource. Please see the attached correspondence. We have also attached a Certificate of Appropriateness, a survey of the existing building, and plans for new construction at 1306 West Cherry Avenue. We request your review of our Certificate of Appropriateness and understand that this application may be reviewed by the Landmark Commission. If you require additional information or you have any questions, please contact me at or adrienne.campbell@aecom.com. Thank you for your attention to this request. Sincerely, Adrienne Vaughan Campbell Senior Historic Preservation Specialist URS Corporation URS Corporation 7389 Florida Blvd. #300 Baton Rouge, LA

19 5 SCALE: NTS WINDOW FLASHING INSTALLATION DETAILS 6 SCALE: 1/8" = 1'-0" ROOF PLAN 2 A3 3 A3 1 A3 4 SCALE: 1/4" = 1'-0" 0' 4' SCALE: 1/4" = 1'-0" 0' 4' REAR ELEVATION 3 SIDE ELEVATION 10.9' F.F.E. FIBER REINFORCED CEMENT SIDING, TYP. 7'-6" FIBER REINFORCED CEMENT WINDOW TRIM, TYP. 4" FIBER REINFORCED CEMENT CORNER BOARD TRIM, TYP. 4' BACK DOOR CANOPY OVERHANG FIBER REINFORCED CEMENT SIDING, TYP. 4" FIBER REINFORCED CEMENT CORNER BOARD TRIM, TYP. 6" TRIM, TYP. PREFABRICATED COLUMN WRAP, TYP. FIBER REINFORCED CEMENT FRIEZE BOARD FIBER REINFORCED CEMENT FASCIA BOARD TRIM, TYP. FIBER REINFORCED CEMENT FRIEZE BOARD TRIM, TYP. CLASS 'A'COMPOSITION SHINGLES, TYP. 6 FIBER REINFORCED CEMENT FASCIA BOARD TRIM, TYP. 12 CLASS 'A' COMPOSITION SHINGLES, TYP. 1 SCALE: 1/4" = 1'-0" 0' 4' CONTINUOUS RIDGE VENT FRONT ELEVATION SCALE: 1/4" = 1'-0" 0' 4' W/ SCREEN, TYP. 7.4' LANDING 2 SIDE ELEVATION 9.25' LANDING DN 9.25' LANDING 10.9' F.F.E. 4" FIBER REINFORCED CEMENT CORNER BOARD TRIM, TYP. 8'-10" FIBER REINFORCED CEMENT SIDING, TYP. PREFABRICATED COLUMN WRAP, TYP. FIBER REINFORCED CEMENT WINDOW TRIM, TYP. 4" FIBER REINFORCED CEMENT CORNER BOARD TRIM, TYP. 6" 4' BACK DOOR CANOPY OVERHANG BEYOND FIBER REINFORCED CEMENT FRIEZE BOARD TRIM, TYP. FIBER REINFORCED CEMENT FASCIA BOARD TRIM, TYP. FIBER REINFORCED CEMENT FRIEZE BOARD TRIM, TYP. 6 FIBER REINFORCED CEMENT SCALLOPED SHINGLE SIDING, TYP. 12 CLASS 'A' COMPOSITION SHINGLES, TYP. FIBER REINFORCED CEMENT FASCIA BOARD TRIM, TYP. 6 GABLE VENT, TYP. 12 PREFABRICATED GABLE BRACKET, TYP. CONTINUOUS RIDGE VENT W/ SCREEN, TYP. 0' 8' ' LANDING 10.0' F.F.E. 8'-10" 6" 10.9' F.F.E. 8'-10" FIBER REINFORCED CEMENT WINDOW TRIM, TYP. 6" PREFABRICATED COLUMN WRAP, TYP. A2 Exterior Elevations 2015 BY: URS Corporation PROJECT #: CREATED: 06/14/17 DATE: ISSUED FOR: APPLICATION NUMBER: SET WEST CHERRY AVENUE, ORANGE, TX SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION DISASTER HOUSING RECOVERY PROGRAM BEAUMONT, TEXAS 7389 FLORIDA BLVD, STE. 300 BATON ROUGE, LA P: F:

20 MEMORANDUM To: From: Subject: Historical Preservation Commission Kelvin Knauf, Director of Planning and Community Development Consider applications for Certificates of Appropriateness from Jim and June Hood to make alterations and re-paint the house at 1005 W. Orange Avenue Date: June 22, 2017 Background Attached for your consideration are applications from Jim and June Hood to make alterations to the house at 1005 Orange Avenue and re-paint the house. The proposed alterations are to install dormers on the front of the house and to replace two windows in the back of the house with French doors. Other homes in the Old Orange Historic District have dormers. They are proposing to paint the house Ultra Pure White with black trim and Holly Berry for the door. All of these are approved colors for the historic districts. Recommendation I recommend that the Historic Preservation Commission approve the Certificates of Appropriateness as presented. 20

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28 MEMORANDUM To: From: Subject: Historical Preservation Commission Kelvin Knauf, Director of Planning and Community Development Consider an application for a Certificate of Appropriateness for construction of a house located at 1902 Sholars Avenue Date: July 31, 2017 Background Attached for your consideration is an application by Robert Hunter for a Certificate of Appropriateness for construction of a new house at 1902 Sholars Avenue. Also attached are the plans for the exterior of the proposed home. The plan includes a porch with columns, three dormers and the siding would be hardiplank. The shingles would be asphalt shingles. An attached garage would also be constructed. As a side note, Mr. Hunter is also requesting that 1902 Sholars Avenue and 1904 Sholars Avenue (which he also owns and is shown on the attached map) be combined into one lot. I don t anticipate any problems with combining the lots into one lot. After they are combined, the address will be 1902 Sholars Avenue. Mr. Hunter proposes to use Sherwin-Williams Harvester color for the primary color and the trim would be painted Sherwin Williams Light Buff. Both of these colors are on the approved color chart. Recommendation I recommend that the Historic Preservation Commission approve the Certificate of Appropriateness for construction of a new house at 1902 Sholars Avenue as requested. 28

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30 1902 & 1904 Sholars Avenue Sunday, July 30, :57 PM 1904 Sholars Avenue 1902 Sholars Avenue 30 Specific Properties Page 1

31 Sunday, July 30, :20 PM Rear Elevation Front Elevation 31

32 Sunday, July 30, :22 PM East Side Elevation West Side Elevation 32

33 MEMORANDUM To: From: Subject: Historical Preservation Commission Kelvin Knauf, Director of Planning and Community Development Consider an application for a Certificate of Appropriateness to demolish a structure located at nd Street Date: July 31, 2017 Background Attached for your consideration is an application for a Certificate of Appropriateness to demolish a commercial structure located at nd Street. This is a City-initiated application and the owner has consented to have the structure demolished. This structure has significant structural problems. The roof has caved in, windows are missing, the doors are open and the interior has been trashed. Photos of the property are included in your agenda packet. This structure has no historical markers but is located in the Old Orange Historic District. Recommendation As much as I hate tearing down structures in the historic districts, I think this structure is too far gone to be salvaged and presents a nuisance to the neighborhood. There are signs of vagrants in the building. My recommendation is to approve the Certificate of Appropriateness for demolishing the structure at nd Street. 33

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