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Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 MEMORANDUM TO THE LANDMARKS BOARD January 4, 2023 STAFF Brad Mueller, Director of Planning and Development Services Kristofer Johnson, Comprehensive Planning Senior Manager Lucas Markley, Attorney, City Attorney’s Office Marcy Gerwing, Principal Historic Preservation Planner Clare Brandt, Historic Preservation Planner Aubrey Noble, Program Coordinator and Board Secretary Olivia Simard, Historic Preservation Intern CONSIDERATION OF INITIATION HEARING Public hearing to consider adopting a resolution to initiate the process for landmark designation of 1804 Mapleton Ave. pursuant to Section 9-11-3 of the Boulder Revised Code, 1981. Address: 1804 Mapleton Ave. (2250 18th St.) Case Number: HIS2022-00139 Owner: RBB Investments Applicant: City of Boulder Landmarks Board Case Type: Initiation Code Section: 9-11-3, B.R.C., 1981 PROPERTY INFORMATION Date of Construction: 1889 Zoning: RL-1 (Residential Low – 1) Lot Size: 7,168 sq. ft. (Boulder County Assessor estimate) Building Size: 2,438 sq. ft. (Assessor estimate of above ground finished area) Legal Description: LOTS 1 & 10 FT STRP ADJ ON N BLK 22 BOULDER NORTH EXECUTIVE SUMMARY The decision in front of the Landmarks Board is whether to initiate the landmark designation process or not. In May 2022, the owner submitted a demolition application for the house and garage. The Landmarks Board placed a stay-of-demolition on the application and later voted to hold an initiation Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 1 of 12 hearing. In October, the applicant withdrew the demolition request. Staff recommends the Board not initiate landmark designation as, although the house has historic and architectural significance, initiation of landmark designation would not represent a reasonable balance between private property rights and public interest in preserving the city’s cultural, historic and architectural heritage. There has been limited community support demonstrated to date. Figure 1. Location Map, 1804 Mapleton Ave. Figure 2. 1804 Mapleton Ave. c.1929 (left, Tax Assessor Card photograph, Carnegie Library for Local History) and 2017 (right. Google Street View). STAFF RECOMMENDATION Staff recommends the Landmarks Board not initiate landmark designation for the property at 1804 Mapleton Ave. Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 2 of 12 RECOMMENDED MOTION Do Not Initiate Landmark Designation I move that the Landmarks Board adopt the staff memorandum dated January 4, 2023, as the findings of the Board and not initiate the process for landmark designation, finding that it does not meet the criteria for such initiation pursuant to Section 9-11-3 “Initiation of Designation for Individual Landmarks and Historic Districts” of the Boulder Revised Code 1981, and in balance is not consistent with the goals and policies of the Boulder Valley Comprehensive Plan. ALTERNATIVE MOTION Initiate Landmark Designation If the Landmarks Board chooses to initiate the process for landmark designation pursuant to Section 9- 11-3 Initiation of Designation for Individual Landmarks and Historic Districts of the Boulder Revised Code, 1981, staff recommends the following motion language: I move that the Landmarks Board adopt the resolution (Attachment A) to initiate the process for landmark designation, finding that it meets the criteria for such initiation pursuant to Section 9-11-3 “Initiation of Designation for Individual Landmarks and Historic Districts” of the Boulder Revised Code 1981, and in balance is consistent with the goals and policies of the Boulder Valley Comprehensive Plan. BACKGROUND • On May 31, 2022, the Planning & Development Services Department received a complete application to demolish the house (constructed before 1889 (See Attachment B – Construction Date Research)) and garage (constructed in 1947) at 1804 Mapleton Ave. • The buildings are not in a designated historic district or locally landmarked but are older than 50 years old and the proposed work meets the criteria for demolition defined in § 9-16-1 Definitions B.R.C. 1981. • On June 8, 2022, The Landmarks Design Review Committee (Brandt, Decker, Castellano) reviewed the application and referred it to the Landmarks Board for review in a public hearing, finding there was “probable cause to believe that the building may be eligible for designation as an individual landmark.” • On July 6, 2022, the Landmarks Board voted (4-1, Jellick dissenting) to place a stay-of-demolition on the buildings, finding the building may be eligible for designation, it contributes to the character of the neighborhood, and it had not been demonstrated to be impractical or economically unfeasible to rehabilitate the house. See 07.06.2022 Landmarks Board Minutes and 1804 Mapleton Ave Memo to Landmarks Board 07.06.2022 (link). • At the July 6 hearing, two members of the public spoke regarding the application in support of preservation and two people wrote to the Landmarks Board. During the stay of demolition, the Landmarks Board received public comment in support of preservation of the house from one community member. Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 3 of 12 • During the stay, representatives of the Landmarks Board and staff met with the owners to discuss alternatives to demolition, including potential landmark designation. The owner stated that they did not see an alternative to full demolition. • On September 7, 2022, the Landmarks Board voted (5-0) to schedule a hearing to consider whether to initiate landmark designation or to issue a demolition permit for the house at 1804 Mapleton Ave. See 09.07.2022 Landmarks Board Minutes (link). • On October 8, 2022, the applicant withdrew the demolition application and ended the stay. • On October 12, 2022, the Landmarks Board voted (5-0) to postpone the hearing to consider whether to initiate landmark designation hearing to January 2023 to ensure more staff resources for the hearing. See 10.12.2022 Landmarks Board Minutes (link). • The January 4, 2023, hearing provides the Landmarks Board the opportunity to determine whether it is appropriate to initiate landmark designation for the property at 1804 Mapleton Ave. PURPOSE AND CRITERIA FOR THE BOARD’S DECISION The Landmarks Board may hold a public hearing to consider initiating landmark designation and may consider, without limitation § 9-11-3 Initiation of Designation for Individual Landmarks and Historic Districts B.R.C. 1981, § 9-11-1, Purpose and Legislative Intent, and § 9-11-2, City Council May Designate or Amend Landmarks and Historic Districts. Initiation hearings are legislative, not quasi-judicial. ANALYSIS The following is the staff’s analysis of the standards for determining whether to initiate the designation of an individual landmark designation: Section 9-11-1, Purpose and Legislative Intent (a) The purpose of this chapter is to promote the public health, safety and welfare by protecting, enhancing and perpetuating buildings, sites and areas of the city reminiscent of past eras, events and persons important in local, state or national history or providing significant examples of architectural styles of the past. It is also the purpose of this chapter to develop and maintain appropriate settings and environments for such buildings, sites and areas to enhance property values, stabilize neighborhoods, promote tourist trade and interest and foster knowledge of the city's living heritage. Analysis: Historic Significance Staff considers that the house has historic significance. According to the Boulder County Tax Record Ledger, the house had been constructed by 1889 (See Attachment B – Construction Date Research). The house has associations with the immigrant community in Boulder: it provided both rental housing for immigrants and a source of income for owners, some of whom were also immigrants themselves. The house has connection with many of Boulder’s early Swedish and German residents. As a rental property, the house was briefly occupied by Amos Woody Hewett Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 4 of 12 and Bertha Stout Hewett during 1943. Woody served as State Representative from 1951 and Boulder County State Senator from 1957 until 1968, acting as Senate President Pro Tem from 1965- 68.1 Architectural Significance Staff considers the house to have architectural significance as a relatively intact example of the “hipped box” building form popular for vernacular houses at the turn of the twentieth century. Notable details include the building form, porch details, original windows, and stone foundation. The one-story house was originally square in plan. Sanborn Fire Insurance Maps indicate that the rear porch may have been modified between 1906 and 1910. By 1929, when the earliest known photograph of the house was made, it had two entry porches and two chimneys, possibly indicating it was a duplex. The front part of the house remains largely intact to its original construction, retaining its original form and massing. The rear addition was constructed in 1967. The house was covered with asbestos siding in 1954 (it is currently unknown if the original siding is under the asbestos), and the window trim was modified. The windows appear original. The garage was constructed in 1947 as a single-story frame garage with gable roof. Environmental Significance The house is situated in a prominent location flanking the east side of Jessie Fitzpatrick Park, a city park. The property is located in the identified potential Whittier Historic District and was recognized as a contributing building to the proposed district in the 1988 and 1998 surveys.2 Although some buildings have been modified, the neighborhood is relatively intact. There are four existing individual landmarks within a block of the subject property. Staff considers the house as significant in the context of the neighborhood character, and for its prominent location flanking the east side of the public park. (b) The city council does not intend by this chapter to preserve every old building in the city but instead to draw a reasonable balance between private property rights and the public interest in preserving the city's cultural, historic and architectural heritage by ensuring that demolition of buildings and structures important to that heritage will be carefully weighed with other alternatives and that alterations to such buildings and structures and new construction will respect the character of each such setting, not by imitating surrounding structures, but by being compatible with them. 1 State of Colorado. "Amos Woody Hewett." Colorado Legislators Past and Present. Accessed June 2022. https://www.leg.state.co.us/lcs/leghist .nsf/DocView.xsp?documentId=DBB21DB187C22B79872578E2005ED89E&action=openDocument 2 Simmons, R. Laurie, Christine Whitacre, and Front Range Research Associates. Boulder Survey of Historic Places: Whittier/West Pearl/Downtown, Boulder, CO, 1988, and Whittier Potential Historic District Resurvey (1998) document Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 5 of 12 In recognition of the need to draw a reasonable balance between private property rights and the public interest in preserving the city's cultural, historic, and architectural heritage, the Landmarks Board has pursued the initiation of landmark designation over the owner's objection only rarely. In the past 10 years, approximately 70 stays-of-demolition have been imposed by the Board. Only three times during that period has the Board initiated and subsequently recommended landmark designation of a property over the owner’s objection.3 However, many stays during this same period have resulted in the avoidance of demolition through reconsideration of projects and the preservation of buildings. Recent examples in which stays of demolition have resulted in the applicant filing an application for landmark designation include 1836 Pearl St. (2019), 2326 Goss St. (2019) and 2122 22nd St. (2021). Likewise, there are many examples of stays that have been allowed to expire (or demolition permits issued prior the stay expiring) by the Board when reasonable alternatives to demolition have not been found. The house and garage at 1804 Mapleton Ave. were proposed for demolition and the Landmarks Board placed a stay of demolition on the application to provide time to consider alternatives to demolition. During the stay, the owner withdrew the application request, removing the threat of demolition. Staff considers that in this case, initiating landmark designation over the owner’s objection would not represent a balance between private property rights and the public interest in preserving the city's cultural, historic, and architectural heritage. Section 9-11-2. - City Council May Designate or Amend Landmarks and Historic Districts. (a) Pursuant to the procedures in this chapter the city council may by ordinance: (1) Designate as a landmark an individual building or other feature or an integrated group of structures or features on a single lot or site having a special character and historical, architectural or aesthetic interest or value and designate a landmark site for each landmark. On September 7, 2022, the Landmarks Board voted (5-0) to schedule a hearing to consider initiation of landmark designation. The hearing was postponed to January 4, 2023, by the Landmarks Board after the applicant withdrew the demolition application and ended the stay. (See 10.12.2022 Landmarks Board Minutes). Section 9-11-3(d), Initiation of Designation for Individual Landmarks and Historic Districts – Criteria for Review (1) There is probable cause to believe that the building or district may be eligible for designation as an individual landmark or historic district consistent with the purposes and standards in sections 9-11-1 Legislative Intent, 9-11-2 City Council May Designate or Amend Landmarks and Historic Districts, and 9-16-1, General Definitions B.R.C. 1981; 3 Demolition applications that the Landmarks Board voted to initiate landmark designation and recommend designation to City Council between 2013 and 2021 include 747 12th St. (2014); 2326 Goss St. (2019); and 940 North St. (2019). Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 6 of 12 See analysis above regarding historic, architectural, and environmental significance. (2) There are currently resources available that would allow the city manager to complete all of the community outreach and historic analysis necessary for the application; Initiation of landmark designation over an owner’s objection requires additional staff resources including outreach and analysis. There are limited staff resources available to process applications for designation of a property without the owner’s input or community support. Diverting resources away from other Board and program priorities is not recommended. (3) There is community and neighborhood support for the proposed designation; There has been limited demonstrated community support for the preservation of the buildings since the application was submitted in May 2022. At the July 6 hearing, two members of the public spoke regarding the application in support of preservation and two people wrote to the Landmarks Board. During the stay of demolition, the Landmarks Board received public comment in support of preservation of the house from one community member. (4) The buildings or features may need the protection provided through designation; There is no current application for demolition of the house and garage. If demolition were proposed in the future, historic preservation demolition application review would be required. (5) The potential boundaries for the proposed district are appropriate; Not applicable for individual landmarks. (6) In balance, the proposed designation is consistent with the goals and policies of the Boulder Valley Comprehensive Plan; Policy 2.27 of the Boulder Valley Comprehensive Plan states that, “The city and county will identify, evaluate and protect buildings, structures, objects, districts, sites and natural features of historic, architectural, archaeological or cultural significance with input from the community.” The plan does not speak specifically to landmark designation over an owner’s objection. Staff and members of the Landmarks Board met with the owner to discuss possible alternatives to demolition for the house during the stay. Following the Landmarks Board vote to schedule an initiation hearing, the owner withdrew the demolition application for the buildings. Staff considers that in this case, initiation of landmark designation over the owner’s objection would not be consistent with the goals and policies of the Boulder Valley Comprehensive Plan. (7) The proposed designation would generally be in the public interest. Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 7 of 12 Staff considers that designating this property over the owner’s objection would not represent a reasonable balance between private property rights and the public’s interest as outlined above. BOARD OPTIONS (1) Do not initiate landmark designation The Landmarks Board may make a motion to not initiate landmark designation. As there is no current demolition application, there would be no further action. Any future demolition application as defined by Section 9-16-1 General Definitions B.R.C. 1981 would be reviewed by the Landmarks Design Review Committee per Section 9-11-23 Review of Permits for Demolition B.R.C. 1981 and the 2015 Regulation Clarifying the Process Provided in Section 9-11-23 B.R.C. (link). (2) Initiate designation of the property as an individual landmark by adopting the resolution under Attachment A. If the Board chooses to initiate the process for reviewing the designation, it must do so by resolution. A draft resolution is included in Attachment A: Draft Resolution. If initiated, the application will be scheduled for a public hearing before the Landmarks Board between 60 to 120 days in order to determine whether the proposed designation conforms with the purposes and standards in Sections 9-11-1 Legislative Intent and 9-11-2 City Council May Designate Landmarks and Historic Districts B.R.C. 1981. The owner must obtain a Landmark Alteration Certificate prior to the submission of building permit applications for the property if they choose to proceed while the application is pending, or they may choose to wait until the application process is complete. ATTACHMENTS A: Draft Resolution B: Construction Date Research Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 8 of 12 RESOLUTION NO. _______ A RESOLUTION OF THE LANDMARKS BOARD INITIATING THE DESIGNATION OF 1804 MAPLETON AVE., BOULDER, COLO AS AN INDIVIDUAL LANDMARK. WHEREAS, on September 7, 2022 the Landmarks Board voted to schedule an initiation hearing for 1804 Mapleton Ave.; and WHEREAS, on October 12, 2022 the Landmarks Board voted to re-schedule an initiation hearing for 1804 Mapleton Ave.; and WHEREAS, on January 4, 2023, the Landmarks Board held an initiation hearing to determine whether to initiate designation of the property at 1804 Mapleton Ave. and determined that the property meets the standards for initiation; NOW, THEREFORE, BE IT RESOLVED BY THE LANDMARKS BOARD OF THE CITY OF BOULDER, COLORADO: The City of Boulder Landmarks Board hereby initiates the designation of 1804 Mapleton Ave. as an individual landmark and will schedule a designation hearing in accordance with the historic preservation ordinance no fewer than sixty days and no greater than one hundred-twenty days from the date of this resolution. ADOPTED this 4th day of January 2023. This resolution is signed by the chair of the Landmarks Board on January 4, 2023. _____________________________________ Chair, Landmarks Board ATTEST: _________________________________ Secretary to the Board Attachment A - Draft Resolution Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 9 of 12 Additional Research - Age of House Staff reviewed Boulder County Tax Record Ledgers from 1888 to 1892, held at the Carnegie Library for Local History. The ledgers note the taxable value of improvements on property and how much tax was paid. Renel and Mary Bartlett owned property at 1804 Mapleton Ave. and 1812 Mapleton Ave. (known as Block 22, Lots 1 and 2) from 1889 (Figure 1 and 2). The Bartletts paid taxes on improvements worth $400 on these lots in 1889. Figure 1: Boulder County Tax Record, Ledger from 1889. Carnegie Library for Local History. Figure 2: 1889 Renel Bartlett owned Block 22, Lots 1 and 2, including improvements worth $400. Although the two lots are grouped in the tax ledgers for 1889, 1890 (Figure 3) and 1891 (Figure 4), further improvements are made in 1891 on the 1812 Mapleton Ave. property, which comprises Block Attachment B - Construction Date Research Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 10 of 12 22, Lot 2 and Block 143, Lot 5. (Figure 7). This identifies the construction of the house at 1812 Mapleton Ave. The combined taxable value of improvements is $700. Figure 3: 1890 Renel Bartlett owned Block 22, Lots 1 and 2, and Block 143, Lot 5, including improvements worth $400. Figure 4: 1891 Renel Bartlett owned Block 22, Lots 1 and 2, and Block 143, Lot 5, including improvements worth $700. This confirms that house at 1812 Mapleton Ave. (Block 22, Lot 2, and Block 143, Lot 5) was constructed in 1891. In 1892, the lots are split. The taxable value of the house at 1804 Mapleton Ave. (Block 22, Lot 1) is listed at $425; and the taxable value of 1812 Mapleton Ave. (known as Block 22, Lot 2 and Block 143, Lot 5) is $275. The total is still $700, so no additional improvements have been made. (Figure 5). Figure 5: 1892 Renel Bartlett owned Block 22, Lot 1, including improvements worth $425 and Block 22, Lot 2, (worth $275). The two lots are now listed separately. Attachment B - Construction Date Research Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 11 of 12 Figure 6: Street map from 1898 showing Block 22, Lot 1 - 1804 Mapleton Ave. (yellow) Figure 7: Sanborn map from the 1950s that illustrates the Block naming system. Block 22 (North Boulder), Lot 1 is 1804 Mapleton Ave. (yellow) Block 22 (North Boulder), Lot 2 and Block 143 (East Boulder) Lot 5 is 1812 Mapleton Ave. (green). The property was not owned by the Bartletts before 1889. As the Tax Ledgers are listed only by name, without information of prior owners, it’s impossible to confirm whether the Bartletts constructed the house at 1804 Mapleton Ave. in or around 1889, or if the house is older and they purchased it in 1889. Renel Bartlett is not listed in the 1888 ledger. Attachment B - Construction Date Research Item 5A - 1804 Mapleton Ave Initiation Memo 01.04.2023 Page 12 of 12