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HomeMy WebLinkAbout4-12-21 HLC Minutes * M I N U T E S * HISTORIC LANDMARK COMMISSION April 12, 2021 City Hall, 801 Main Street, Beaumont, Texas … A Regular Meeting of the Historic Landmark Commission was held on April 12, 2021 and called to order at 3:34 p.m. with the following members present: Chairman Paula Blazek Commissioner Hester Bell Commissioner Marty Craig Commissioner Christina Crawford Commissioner Theresa Goodness Commissioner Lynda Kay Makin Commissioner Janelle Templeton Commission Members absent : Vice-Chairman Dohn LaBiche Commissioner Thomas Sigee Also present: Demi Laney, Senior Planner Elayna Luckey, Oaks Historic Code Enforcement Officer Delancy Wood, Demolition Coordinator Lindsey Gilbreath, Permit Processing Coordinator Catherine Allen, Recording Secretary APPROVAL OF MINUTES Commissioner Goodness moved to approve the minutes of the Regular Meeting held on March 8, 2021. Commissioner Makin seconded the motion. The motion to approve carried 7:0. REGULAR MEETING 1) PZ2021-1: Request for a Certificate of Demolition to demolish a house and garage apartment. Applicant: City of Beaumont Location: 2355 Pecos Street Ms. Laney presented the staff report. Boyd Meier, Building Official, requests a certificate of demolition for the house and garage apartment located at 2355 Pecos Street. According to the inspection report, this structure was originally tagged on November 18, 2019. The report states the plumbing and electrical will need to be replaced and brought into compliance with Building Codes. The exterior doors and windows must be replaced because the frames are broken and Historic Landmark Commission April 12, 2021 rotted. The outside of the home appears to be functional; however the inside of the home requires extensive repairs. Additionally, there is evidence that transients are residing inside. The garage apartment in the rear of the property is leaning and rotted on the inside. This substandard structure may cause harm to residents due to its potential for collapsing. Based on the extensive repairs needed for these structures, the Building Codes staff is recommending a raze order. Verdict for the demolition of the house and garage apartment was tabled to April 12, 2021 Historic Landmark Commission Meeting. Slides of the subject property were shown. Notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in opposition and none were received in favor. Ms. Laney summarized the responses in opposition, which stated that too many houses in the district have been torn down and requested to demolish only the garage apartment. These responses were received before the March meeting when this item was previously considered. New notices were sent out before the April meeting, but no additional responses had been received. Staff recommended approval of the request. Commissioner Goodness stated that when this item was before the Commission last month, it was mentioned that the property was in foreclosure. She asked if there had since been any contact with the bank or any further update. Ms. Wood responded that it is in foreclosure and that the bank has not been able to take over the property. She added that the owner has not contacted the City, but that the City has become aware that the owner is attempting to sell the property through Craigslist and that there are back taxes owed. Officer Luckey added that there are also mowing and litter fees owed to the City and that the City has been mowing the lawn of the property for three (3) years. Chairman Blazek asked if the property had been empty for those three (3) years. Ms. Wood stated that it has been empty, but that transients and drug users have been occupying the property. She stated that when the property was inspected, that the upstairs toilet was full of needles and that the police were involved in trying to keep these people out of the property. She also stated that the bank had put up boards and padlocks to secure the house. Ms. Wood added that the City’s primary concern is the demolition of the garage apartment, as it is not able to be secured because it is too rotten to board up. She is afraid it may collapse or catch fire while someone is inside. Chairman Blazek stated that other properties in the City, including one across the street from her, have been empty for many more years than this property and have not been torn down. She added that the property across the street from her has been empty for twenty (20) years and that they were told it did not meet the criteria of being more than fifty percent (50%) rotten to be torn down. She added that she does not see in the staff report that the subject property is more than fifty percent (50%) rotten and beyond rehabilitation. Ms. Wood stated that the subfloors are termite eaten and rotten, there have been multiple fires in the living room, the ductwork has been 2 Historic Landmark Commission April 12, 2021 ripped out and that the home probably has $75,000 to $125,000 worth of damage. Officer Luckey added that the stairs sink as they are being climbed. Commissioner Templeton asked how much was owed in back taxes on the property. After rechecking her files, Ms. Wood corrected her previous statement and stated that the back taxes have been caught up by the bank. She added that she is unsure if the bank will proceed with foreclosure, that the property is still in the owner’s name and that the bank has not contacted the City. Commissioner Crawford asked if the home is for sale, could the Commission postpone the demolition again. Commissioner Blazek stated that there have been other properties that they have worked with for longer, some even for years. She stated that she personally would support demolishing the garage apartment but not the house. Officer Luckey asked if the Commission had a timeline in mind for how long to postpone demolition of the house. A consensus was reached that the timeline should be six (6) months. Chairman Blazek added that if the neighbors complained that the timeline could be moved up, but that it seemed like the neighbors were in favor of saving the house. Commissioner Templeton moved to table the request to demolish the house for six (6) months and to approve demolition of the garage apartment, for the property at 2355 Pecos Street, as requested in file PZ2021-1. Commissioner Craig seconded the motion. The motion carried 7:0. 2) PZ2021-74: Request for a Certificate of Appropriateness to replace brick columns with wood columns and to reduce, replace, and add shutters to windows. Applicant: Malcolm Pryor Location: 2375 Mcfaddin Avenue Ms. Laney presented the staff report. Malcolm Pryor, property owner, is seeking permission to reduce the amount of windows on the front-left façade of the house located at 2375 Mcfaddin Avenue. Replacement and enclosure of windows have been completed without the benefit of a Certificate of Appropriateness (CA) or a building permit. Originally, the house had three (3) windows on the first and second story of the home and now remaining are two (2) windows on the first and second story. He is also asking permission to install shutters on all exterior windows; no color for the shutters has been delineated by Mr. Pryor. Additionally, Mr. Pryor is requesting that the original brick columns for the carport located off the left-side of the home to be made of wood. This work was also completed without the benefit of a CA or building permits. Slides of the subject property were shown. Staff recommended denial of the request. Chairman Blazek asked if there had always been two (2) windows above the door and if the property was in the 1990 SPARE survey. Ms. Laney replied that there had always been two (2) windows above the door and that the property was not in the SPARE survey. 3 Historic Landmark Commission April 12, 2021 The applicant, Malcolm Pryor 5502 Willowpeak Court, Rosharon, TX, addressed the Commission. Chairman Blazek asked if he had purchased the home and if he understood that it was in the historic district. Mr. Pryor replied that he is a partner in owning the home and that he had not been aware of the restrictions of the district. He stated that his contractor had told him that a permit was not needed for the work done. Chairman Blazek explained the purpose of the Commission in keeping the historic nature of the district and how the windows serve to reflect the character of the home. She stated that the Commission does make concessions of some changes, such as not always requiring tile roofs, but that they are generally stricter about window changes. She asked the applicant if there are windows available to return the windows to their original size. The applicant replied that he was not sure but could check into it. Chairman Blazek also mentioned that the carport columns had been changed from brick to wood and that the Commission generally supports keeping the original details in such situations. Commissioner Templeton asked if all the windows had been replaced and the applicant confirmed this to be the case. Commissioner Craig asked how much of the carport could be seen from the street and Officer Luckey replied that not much could be seen due to shading from the overhand and tree. Commissioner Makin asked how long ago the windows had been changed and if the applicant still had any of the original windows. Mr. Pryor replied that it had been about six (6) months and that he did not have any of the originals. Chairman Blazek asked if he is still using the same contractor and he replied that he is not. Discussion followed about how a contractor may be able to remedy the problem. Officer Luckey pointed out the Mr. Pryor has been very cooperative since the problem was discovered. Commissioner Craig moved to deny the request for a Certificate of Appropriateness to replace brick columns with wood columns and to reduce, replace, and add shutters to windows, for the property at 2375 Mcfaddin Avenue, as requested in file PZ2021-74 and specified that the windows must be replaced to the original look of three (3) windows on the top floor and bottom floor and that the wood columns must be replaced with brick columns for the porte-cochere. Commissioner Goodness seconded the motion. The motion to deny the request carried 7:0. 3) PZ2021-76: Request for a Certificate of Demolition to demolish a structure. Applicant: Dalip Rathore Location: 1974 Liberty Avenue Ms. Laney presented the staff report. Dalip Rathore has requested a Certificate of Demolition to allow the demolition of a residential structure. This property is located at 1974 Liberty Avenue. Mr. Rathore expresses that this structure is beyond repair and a danger to the community. The City has not tagged this structure for property maintenance. However, our Demolition Department has reviewed the property and recommends this structure to be demolished. Future usage of the lot has not been delineated by the property owner. Slides of the subject property were shown. 4 Historic Landmark Commission April 12, 2021 Notices were mailed to property owners within two hundred (200) feet of the subject property. Two (2) responses were received in favor and none were received in opposition. One other response was received by fax, but only partially came through the fax machine so it could not be determined if it was in favor or opposition. Staff recommended approval of the request. Commissioner Craig moved to approve the request for a Certificate of Demolition to demolish a structure, for the property at 1974 Liberty Avenue, as requested in file PZ2021-76. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 4) PZ2021-81: Request for a Certificate of Demolition to demolish a garage. Applicant: City of Beaumont Location: 2410 South Street Ms. Laney presented the staff report. Boyd Meier, Building Official, requests a Certificate of Demolition for the garage located at 2410 South Street. According to the inspection report, this structure was originally tagged on March 2, 2021. The report states that the garage has multiple rotten and deteriorated support beams. Two garage doors are broken and are stuck in place half way down, and there is overgrowth on most of the structure to the point that the garage is mostly hidden from the street right-of-way. Trash and debris exist all throughout the structure. Based on the extensive repairs needed to bring this structure into compliance, Building Codes staff is recommending a raze order of the garage only. The owner has signed a demolition consent form and it is filed with our Demolition Department. Slides of the property were shown. Notices were mailed to property owners within two hundred (200) feet of the subject property. One response was received in favor and none were received in opposition. Commissioner Bell asked if the house was currently for sale. Ms. Wood stated that the home is for sale and that the owner would like to demolish the garage as quickly as possible to help with the sale. Commissioner Goodness moved to approve the request for a Certificate of Demolition to demolish a garage, for the property at 2410 South Street, as requested in file PZ2021-81. Commissioner Bell seconded the motion. The motion to approve the request carried 7:0. 5) PZ2021-82: Request for a Certificate of Demolition to demolish a garage apartment. Applicant: City of Beaumont Location: 2449 Broadway Street Ms. Laney presented the staff report. Boyd Meier, Building Official, requests a Certificate of Demolition for the garage apartment and shed located at 2449 Broadway Street. According to the inspection report, this structure was originally tagged on February 13, 2021. The report 5 Historic Landmark Commission April 12, 2021 states that the structure is unsafe and the support beams are beginning to lean. The roof has plastic covering parts of it and the rafters have rotted from exposure to the elements. Additionally, the windows are broken and the stairway is unsafe for anyone to walk up. The small shed located behind the garage apartment has already collapsed and Building Codes staff is requesting for the debris to be picked up as well. Based on the extensive repairs needed for these structures, the Building Codes staff is recommending a raze order. The owner has signed a demolition consent form and it is filed with the Demolition Department. Slides of the subject property were shown. Commissioner Craig moved to approve the request for a Certificate of Demolition to demolish a garage apartment, for the property at 2449 Broadway Street, as requested in file PZ2021-82. Commissioner Makin seconded the motion. The motion to approve the request carried 7:0. 6) PZ2021-87: Request for a Certificate of Demolition to demolish a house and shed. Applicant: City of Beaumont Location: 2555 Mcfaddin Avenue Ms. Laney presented the staff report. Boyd Meier, Building Official, requests a Certificate of Demolition for the house and shed located at 2555 Mcfaddin Avenue. According to the inspection report, this structure was originally tagged on February 26, 2021. The report states that the house is sinking caused by foundation issues. Half of the roof has been covered by a blue tarp. The doors have been broken into and it is now covered by wood to deter anyone from going inside. All of the windows will need to be replaced and the frames have rotted. The electrical wiring will need to be brought up to the 2014 National Electric Code standard. Based on extensive repairs needed to repair this structure, Building Codes staff is recommending a raze order. The owner has signed a demolition consent form and it is filed with the Demolition Department. Slides of the subject property were shown. Notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. Commissioner Goodness asked if the property was in the 1990 SPARE survey and Ms. Laney replied that it was not. Commissioner Goodness moved to approve the request for a Certificate of Demolition to demolish a house and shed, for the property at 2555 Mcfaddin Avenue, as requested in file PZ2021-87. Commissioner Bell seconded the motion. The motion to approve the request carried 6:1 (Templeton). Brief discussion followed about the possibility of salvaging materials from this demolition. Ms. Wood stated that since the owner signed a demolition consent form that it may be a possibility. 6 Historic Landmark Commission April 12, 2021 7) PZ2021-96: Request for a Certificate of Appropriateness to install solar panels on a roof. Applicant: Gage Mueller Location: 2394 Calder Avenue Ms. Laney presented the staff report. Gage Mueller, the applicant, requests permission to add solar panels to the front side of the home located at 2394 Calder Avenue. Mr. Mueller plans to attach the panels to the roof of the home. The placement of the panels will be visible facing toward the street right-of-way. With permission, there will be seventeen (17) panels installed on the roof toward the front side of the home. The contractor has provided a visual design concept for the exact placement of the solar panels on the roof. In the article attached, the National Trust for Historic Preservation appears to be in favor of solar panels, given they are not visible from the street. The owner of the property, Charles Thomas, currently has stop work orders posted for the existing accessory structure in the rear of the property. In 2018 Mr. Thomas received two (2) stop work orders (SWO). The first SWO was posted January 31, 2018 because he renovated the structure and installed a sewer line without the necessary permits pulled from neither the Planning Department nor the Building Codes Department. The second SWO was posted on September 21, 2018 because Mr. Thomas demolished one half of the structure and then rebuilt the structure with recycled materials from the demo; again without the benefit of necessary permits. Due to the use of the recycled materials a third party structural engineer must be hired to approve the structure’s stability. Additionally, the demolition of the structure disrupts his existing legal nonconforming setbacks and will need to also be brought into compliance with Chapter 28 of our City’s code of ordinances. This structure has remained red tagged since 2018 and no effort has been made to resolve this issue. Staff recommended denial of the request until the property has come into compliance. Slides were shown of the subject property. The property owner, Charles Thomas, 2394 Calder, addressed the Commission. He stated that there were inaccuracies in the staff report. He stated that the sewer line was put in in 2019 and that it did have a permit of which he has a copy. He added that he had hired a contractor to do the work on the house in the back and that the contractor incorrectly informed him that the permit for the work in the front was also good for the work in the back. He added that he has actually filed charges against the contractor for doing the work without a permit and for tearing down the structure without permission. He stated that he had been in contact with the Building Codes department, but had not heard back from them and had not thought about it again until it came up during the request for solar panels. Chairman Blazek asked Mr. Thomas if he would be interested in the City demolishing the back building for him and he responded that he is not eager to tear it down. Chairman Blazek stated that as a result of a previous request for solar panels in the district, the Commission had an extensive discussion and conducted outside research to determine that solar panels could be 7 Historic Landmark Commission April 12, 2021 allowed if they are not visible from the street. She stated that she supports keeping that precedent. Mr. Thomas stated that the solar panel company had informed him that solar panels on the rear of his property would not work, but that he may be able to cut down the tree in the back to remedy this, if the Commission would allow it. Staff and the Commission stated that tree removal does not need to come back to the Commission for a decision. Commissioner Crawford stated that she had spoken with the same solar panel company and that it was her impression that cutting down the tree may not make a difference in solar panel location and that he may want to check before cutting down the tree. Officer Luckey pointed out that even in the rear of the home, solar panels would still be visible from the street. Commissioner Templeton asked if the rear building was on a slab and Mr. Thomas replied that it is and that the slab is broken. The Commissioners complimented Mr. Thomas on his unique and beautiful property. Discussion followed about the possibility of having a ground solar panel. Officer Luckey mentioned that there is a property in the district with a ground solar panel. Discussion followed concerning the back building of the property. Commissioner Templeton suggested getting a second opinion before demolishing it. Mr. Thomas asked if he could demolish it and rebuild it to restore the original look of the building. Ms. Laney pointed out that the building is over the setback lines and if it was to be demolished that it would no longer be grandfathered. She added that it would either need to be built within the setbacks or a variance could be requested. Mr. Thomas inquired about having a drive through bakery on the property. The Commission encouraged this idea. Ms. Laney suggested that Mr. Thomas have a predevelopment meeting with City staff if he decides to pursue the bakery. Commissioner Craig moved to deny the request for a Certificate of Appropriateness to install solar panels on a roof, for the property at 2394 Calder Avenue, as requested in file PZ2021-96. Commissioner Makin seconded the motion. The motion to deny the request carried 7:0. 8) Historic District Code Enforcement Report Officer Luckey presented the Historic District Code Enforcement Report, including information about current violations and inspections. She explained the City procedures for high grass. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:33 P.M. 8