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11.07.2007 LPAB Minutes CITY OF BOULDER LANDMARKS PRESERVATION ADVISORY BOARD November 7, 2007, 1777 Broadway, Council Chambers Room 6 p.m. The following are the action minutes of the November 7, 2007 City of Boulder Landmarks Preservation Advisory Board meeting. A permanent set of these minutes and a tape recording (maintained for a period of seven years)is retained in Central Records (telephone: 303-441- 3043). You may also listen to the on-line at: www.boulderplandevelop.net. BOARD MEMBERS: Nancy Kornblum Leonard May Tim Plass, Chair Kirk Watson Lisa Podmajersky *Willa Johnson-Planning Board representative without a vote STAFF MEMBERS: Sue Ellen Harrison, Assistant City Attorney Susan Richstone,Acting Long Range Planning Manager James Hewat,Historic Preservation Planner Chris Meschuk,Historic Preservation Planner Marcy Cameron,Historic Preservation Intern 1. CALL TO ORDER The roll having been called, Chair T.Plass declared a quorum at 6:06 p.m. and the following business was conducted: 2. APPROVAL OF MINUTES On a motion by N. Kornblum,seconded by K. Watson,the Landmarks Preservation Advisory Board approved(5-0)the minutes of the October 3`a, 2007 board meeting. 3. PUBLIC PARTICIPATION FOR ITEMS NOT ON THE AGENDA Margery Goldman, 1043 Pine Street, spoke regarding materials for flat roofing. 4. DISCUSSION OF LANDMARK ALTERATION AND DEMOLITION APPLICATIONS ISSUED AND PENDING 5. ACTION ITEMS A. Public hearing and consideration of a landmark alteration certificate to rehabilitate and construct a rear addition to the main house, construct a 952 sq.ft.free-standing building 14' north of the main house, and to construct two,two-car carports on the alley at the contributing property located at 1037 Pine Street in the Mapleton Hill Historic District (HIS2007-00283).Applicant: Kyle Callahan Owner: Mark Trumbull 1 Board members were asked to reveal any ex-parte contacts they may have had on this item. T.Plass,N. Kornblum, and L.May reviewed the project at Design Review Committee meetings and made a site visit. L.Podmajersky reviewed the project at a Design Review Committee meeting. K.Watson and W.Johnson had no ex parte contacts. Applicant's Presentation Kyle Callahan, 21213&St, architect,spoke in support of the project. Public Hearing Margery Goldman, 1043 Pine Street, asked a question regarding the distance of the new house from the east property line. Applicant's Rebuttal Kyle Callahan, 2121 30th St, architect, stated that the new house was 11'4" from the property line. Motion T.Plass,seconded by L. May, made a motion to deny the application for the proposed rehabilitation of and addition to the existing house, and the construction of a 952 sq. ft.,two- story house and two detached carports at the rear of the property located at 1037 Pine Street as shown on plan included in the application dated October 18th,2007 finding that it is inconsistent with the standards for issuance of a Landmark Alteration Certificate in Chapter 9-11-18,B.R.C. 1981, and that the application is inconsistent with the following design guidelines: 6.2.1,6.2.2, 6.2.3, 6.2.4, 6.2.5, 6.3.1, 6.3.2,6.3.4,7.2.4, and 7.2.14. The applicant withdrew the application prior to the vote.by the board. The board provided the following feedback to the applicant: The board agreed that carports are generally inappropriate in a historic district, the overall density of site should be reduced and that the proposed secondary building should be set farther back on the lot. The north elevation of the proposed building should be revisited,citing the following portions of the guideline analysis section of the staff memorandum: 6.2.1, 6.2.2,6.2.3,6.2.4, 6.2.5, 6.3.1, 6.3.2, 6.3.4, 7.2.4, and 7.2.14. B. Public hearing and consideration of an application to designate the house and property at 323111th Street as a local historic landmark as per Section 9-11-5 of the Boulder Revised Code, 1981 (HIS2007-00255). Applicant: Landmarks Preservation Advisory Board; Owner: Michael and Michelle Clements Board members were asked to reveal any ex-parte contacts they may have had on this item. T. Plass visited the site,received numerous emails, had a phone conversation with Ms. Clements after the board took no action at the June board hearing, spoke with Dan Corson after the board did not initiate and had two conversations with Mayor Ruzzin,first on October 12th, which at no time did the mayor indicate his opinion of the outcome of this issue, received a phone call from Bev Potter, a neighbor of the Clements. K.Watson visited the site,received multiple emails, and received a phone call from Ms. Clements after the June meeting, regarding the landmarking process. L. Podmajersky made a site visit. 2 N. Kornblum visited the site multiple times,reviewed the case at a Design Review Committee meeting,received numerous emails and spoke to Ms. Clements before the process began to discuss the situation before taking action. She also stated that though her husband,Michael Shriner is an attorney at Caplan & Earnest,the law firm that is representing the Clements,there is not a conflict of interest because there is no substantial financial interest in the project and it is assumed that' the law firm would check any ethical laws and conduct a mandatory conflicts check prior to accepting the case. L.May visited the site, reviewed the project at a Design Review Committee meeting,received numerous emails, and had conversations with the Clement's neighbor,Bev Potter,prior to the process regarding a pending demolition permit. Willa Johnson recused herself because of her role on the board of Historic Boulder, Inc. Owner's Presentation Joseph de Raimes, Kaplan&Ernest, 1800 Broadway, Suite 200, (representative for the owners) clarified that the there was no conflict with Mr. Shriner, and spoke in opposition to landmark designation and also asked that emails from Silverman and Angle stating their opposition to landmarking be added to record as well as a petition with 55 signatures opposing landmarking. Michelle Clements, 32311 Ith Street,spoke in opposition of landmark designation. Public Hearing Beverly Potter,3201 1 P Street, spoke in support of landmark designation and presented additional historic research about the Albion Dam. Kathryn Saunders, 3251 l lm Street, spoke in support of landmark designation. Abby Daniels, 1123 Spruce Street,Executive Director of Historic Boulder Inc, spoke in support of landmark designation. Kyle Callahan,2121 30th Street, spoke in opposition of landmark designation for lack of architectural significance. Rebuttal Joseph de Raimes, questioned why landmark designation was pursued after the demolition permit was withdrawn when other properties have been approved for demolition. Motion On a motion by T. Plass, seconded by N. Kornblum, the Board voted (3-2, L. May and L. Podmajersky opposed) to withdraw the local landmark designation application for the property at 3231- 11'Street. Friendly amendment by N. Kornblum to state that the decision was reached based on the following: the designation does not meet the standards set forth by Chapter 9-11-1(b), B.R.C. 1981; there is not a balance between the community interest and private property rights; the designation does not have the consent of owner; the house is not located in a potential historic district; and the inability of the board to take action at a later bate if the landmark application was denied, because of the mandatory 1 year moratorium requirement as stated in 9-11-8. The friendly amendment was accepted by T.Plass. 3 C. Public hearing for the repeal and reenactment of the General Design Guidelines for Boulder's Historic Districts and Individual Landmarks including changes to Section 3.7 (Windows),3.8 (Doors),8.2(energy Efficiency),8.3(Mechanical and Utility Facilities) and 9.0 (Definitions), as Administrative Regulations pursuant to the rulemaking procedures set forth in Chapter 1-4,B.R.C. 1981. Public Hearing Margery Goldman, 1043 Pine Street, regarding section 8.2.1 Energy Efficiency- and suggested additional language to include for the protection of shade trees on adjacent properties. Motion T.Plass, seconded by K. Watson,made a motion that the Landmarks Board repeal and reenact the General Design Guidelines are as part of the procedure to adopt administrative rules,per Rulemaking, Chapter 1-4, of the Boulder Revised Code, finding that they are consistent with the City's Council's January 10h, 2007 Historic Preservation and Environmental Sustainability Integration Policy Direction. T.Plass and K.Watson withdraw the motion. On a motion by T.Plass, seconded by L.May, the Board voted (5-0)to continue the item to a date certain, scheduled for 3 p.m. on Wednesday,November 28,2007, at a location to be announced. 6. MATTERS FROM THE LANDMARKS BOARD,PLANNING DEPARTMENT AND CITY ATTORNEY A. Planning Board Calendar B. 3231 11`h Street-Motion by T.Plass, seconded by N. Kornblum the Board voted (5-0) to direct staff to write a summary of action that occurred and send to council with concerns expressed by the Board related to the withdrawal of the landmark designation application. 7. DEBRIEF MEETING/CALENDAR CHECK 8. ADJOURNMENT The meeting adjourned at 11:17 pm Approved on December 5, 2007 Respectfully submitted, Chairperson 4