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Commissioner Tyler nominated Commissioner Tate. Commissioner

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Commissioner Tyler nominated Commissioner Tate. Commissioner Powered By Docstoc
					                                   CITY OF HENDERSONVILLE
                                   Historic Preservation Commission

                               Minutes of Meeting of December 16, 2009

Commissioners Present:       Staci Blatt (Vice Chair), Bette Carter, Ralph Freeman (Chair), Cheryl Jones,
                             Barbara McCoy, John Ogletree, Brooke Tate, Jo Tyler

Commissioners Absent:        George Henry

Staff Present:               Tim Murphy, City Planner; Sue Anderson, Planning Director; Sam Fritschner,
                             City Attorney; Lu Ann Welter, Administrative Assistant

I      Call to Order. The Chair called the monthly meeting of the Hendersonville Historic Preservation
       Commission to order at 5:00 p.m. At this time the Chair stepped down from the Commission
       following his recent appointment to the City Council. He thanked the Commissioners and staff for all
       of their work and effort.

II     Election of a New Chair. The Vice Chair opened the floor for nominations for Chair.
       Commissioner Tyler nominated Commissioner Tate. Commissioner Ogletree seconded the
       nomination. Commissioner McCoy nominated the Vice-Chair. Commissioner Jones seconded
       the nomination. Commissioner Tate was elected Chair with four votes.

III    Agenda. The Chair moved to amend the agenda to add discussion of the Final Decision of the Board
       of Adjustment concerning the Gypsy Heart Appeal after approval of the minutes. On motion of
       Commissioner Blatt, seconded by Commissioner Carter, the Commission approved the
       revised agenda as amended.

IV     Minutes. On motion of Commissioner Blatt, seconded by Commissioner Tyler, the minutes
       of November 18, 2009 were approved.

V      Final Decision of the Board of Adjustment. Mr. Murphy distributed the Final Decision of the
       Board of Adjustment concerning the Gypsy Heart Appeal.

       Request that the Commission enter closed session to consult with the City attorney to
       preserve the attorney-client privilege between the attorney and the Commission as provided
       under North Carolina General Statutes ‘143-318.11(a)(3). At 5:10 p.m., Commissioner Jones
       moved Commission to enter a closed session to consult with the City Attorney, seconded by
       Commissioner Blatt. A unanimous vote of the Commission followed. Motion carried.

       Commissioner Blatt moved to exit the closed session at 5:20 p.m. No action was taken.

VI     Finding of Fact and Conclusions of Law. Mr. Murphy explained this item is based on the
       Certificate of Appropriateness for Janet Holbert Jones of 1107 Hyman Avenue, heard at the
       November 18, 2009 meeting. Commissioner Blatt moved the Commission to adopt the
       Findings of Fact and Conclusions of Law for file number H09-45-COA. Commissioner
       McCoy seconded the motion which passed unanimously.

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VII   238 N. Main Street, Certificate of Appropriateness. Prior to opening the public hearing, the Chair
      announced that any persons desiring to testify in any of these hearings must first be sworn as a
      witness and will be subject to cross-examination by parties or persons whose position may be
      contrary. A copy of the protocol for a quasi-judicial hearing is provided on the back table next to the
      agenda. As this is a quasi-judicial hearing, it is very important that we have an accurate record of what
      goes on. Therefore, refrain from speaking until recognized by the Chair and, when recognized, come
      forward to the podium and begin by stating your name and address. Anyone present who has
      knowledge of anything of value that has been given or promised in exchange for a position to be
      taken on these applications should disclose it now.

      After swearing in potential witnesses for this hearing, the Chair opened the public hearing. At the
      request of Tim Murphy, City Planner, Commission File No. H09-27-COA was admitted into evidence
      and the Commission took official notice of the Code of Ordinances of the City of Hendersonville and
      the Commission’s Design Guidelines. Mr. Murphy gave the following background:

      On July 15, 2009, the Historic Preservation Commission held a quasi-judicial hearing on a certificate of
      appropriateness application submitted by Ilene Morton of Gypsy Heart to replace a fabric awning with a
      metal awning after the fact. The Commission denied approval of the application and its decision was
      appealed by the applicant to the City’s Board of Adjustment. The Board of Adjustment heard the appeal on
      November 10, 2009. A copy of the Board of Adjustment’s approved decision was distributed earlier in this
      meeting. Sam Fritschner, Attorney for the Historic Preservation Commission, has advised the Commission
      to hold another quasi-judicial hearing on this application.

      The subject property is listed as contributing in the Main Street Local Designation Report. The property is
      described as:

              236-244 N. Main Street. Brunson’s Store Block. ca. 1905.
              Two-story brick Commercial Style building with a corbelled cornice and a row of diamond-shaped
              projections below the corbel table. Five cast iron pilasters survive at irregular intervals between
              the shop windows. The four storefronts have been altered to varying degrees, with the most
              changes on the north end where display windows are angled back from the street. Brunson’s
              Furniture occupied the building in the 1920s (Sanborn maps).

      The subject property is listed as contributing on the National Register and described as:

              236-244 N. Main Street. Brunson’s Store Block. ca. 1905.
              Low brick commercial structure with corbelled cornice and a row of diamond-shaped projections
              below the corbel table. Five cast iron pilasters survive at irregular intervals between the shop
              windows. Modernized at street level. Sanborn maps indicate construction between 1901 and
              1908. Brunson’s Furniture Store has occupied the building since 1920s.

      A blue metal awning was installed by the applicant in May 2009 without receiving certificate of
      appropriateness approval. The frame of the awning has not been replaced. The metal awning has a
      height of 4’ and extends 3.2’ from the edge of the building.

      Staff has tabulated the type of awnings that exist on storefronts along Main St. from 6th Ave. to Allen St.
      and has compiled this information in the following table:

                    Type of Awning                 Number of Storefronts         % of Storefronts
           Fabric awning                                   40                          68%
           Fabric panel awning                              4                          7%

HISTORIC PRESERVATION COMMISSION                   PAGE 2                 MINUTES OF MEETING OF 16 DEC 2009
            Wooden awning - flat                                     2                            3%
            Wooden awning - angled shingle                           4                            7%
            roof
            Metal awning - flat                                      6                           10%
            Metal awning - angled (Gypsy                             2                            3%
            Heart & above door at 528 N. Main
            St.)
            Deck roof (Skyland Hotel)                               1                             2%
            Total                                                   59

       The table shows that the vast majority of the awnings on Main St. are fabric.

     Mr. Murphy asked that when making a motion, the Commission be very clear with the justification of
     that motion. The Chair asked if anyone had any questions for staff. No one came forward. Mr.
     Fritschner asked to clarify for those present that the burden of proof to allow a permit is on the
     applicant.

     The Chair asked the applicant to come forward and give their evidence. Jim Kasalajtis of 725 Halsbury
     Avenue apologized for not knowing that a permit was needed as they had not been required to get one
     in the fourteen years they have been on Main Street. He showed an article from the Times-News about
     how difficult it is for shop owners at this time. The Chair asked if there were any questions for the
     applicant. Commissioner Jones asked if the applicant had reviewed the Design Guidelines concerning
     awnings. Mr. Kasalajtis said yes and it says some are okay. He added that Tempo Music next door has
     one and that they are less expensive than cloth. He said he wishes he took a picture of the previous
     cloth awning when it was ripped up and flapping the in the wind. Commissioner Jones asked if they had
     any documentation that a metal awning had been on this building in the past. Mr. Kasalajtis said there
     used to be one on the building next door when English Shoe Repair was there. Commissioner Jones
     asked if they had any evidence. Mr. Kasalajtis said no. The Chair asked if anyone would like to speak
     for or against this application. No one came forward. The Chair closed the hearing.

     The Chair pointed out the numbers in the table of awnings. Commissioner Carter said any flat awning
     would have come from the 1960s. Commissioner Jones cited section 2.1.9 of the Design Guidelines,
     Base the design of new awnings on historic documentation of the building or examples from buildings of similar style and
     age and said that the applicant has provided no proof of a previous metal awning on this building. The
     Chair added section 2.1.8, Awnings should be made of cloth or other woven fabric such as canvas or acrylic and said
     that no proof has been given that metal is appropriate to this building.

     Commissioner Jones moved the Commission to find as a fact that the proposed application for
     a certificate of appropriateness, identified in file number H09-27-COA, as was constructed
     according to the information reviewed at this hearing and any representations made by the
     applicant on the record of this hearing, is incongruous with the character of the Main Street
     Local Historic District for the following reasons: 2.1.8 Awnings should be made of cloth or
     other woven fabric such as canvas or acrylic. Metal awnings are generally not appropriate, but
     can be used in some instances if they are compatible with the historic character of the building.
      Vinyl or plastic awnings are not appropriate and 2.1.9 Base the design of new awnings on
     historic documentation of the building or examples from buildings of similar style and age.
     The motion was seconded by Commissioner Carter and passed unanimously.

     Commissioner McCoy left the meeting.

HISTORIC PRESERVATION COMMISSION                         PAGE 3                   MINUTES OF MEETING OF 16 DEC 2009
VIII Review of Artificial Materials Policy. Mr. Murphy referred to the memo mailed to the
     Commissioners and members of the Design Review Advisory Committee (Sue Sneeringer and Becky
     Poole in attendance) concerning the Commission’s stated view on artificial materials. He provided
     background on the development of the artificial materials guidelines and the current review process for
     applications to install artificial materials. Mr. Murphy stated that the members of the DRAC were invited
     to participate in the discussion since the DRAC was involved in the creation of the current Artificial
     Materials Policy.

           Mr. Murphy said that staff recommends removing the words “economic hardship” from the Artificial
           Materials Policy in Section 3.12 of the residential Design Guidelines as outlined in the memo. He also
           requested input from the Commissioners and the DRAC as to whether other modifications were
           necessary to the design guidelines or the artificial materials review process. The Chair suggested that it
           may be beneficial to forward all applications for certificates of appropriateness to the DRAC prior to
           review by the Commission and let DRAC determine which applications they want to review. Ms.
           Anderson said that allowing DRAC to choose which applications it wants to review would make the
           certificate of appropriateness review process more confusing for the public. Ms. Sneeringer said that it
           would be best for DRAC to stick to reviewing larger projects that require design assistance. Ms. Poole
           said DRAC’s job is to offer design guidance in accordance with the Design Guidelines.

          Commissioner Carter moved the Commission to modify the Hendersonville Historic
          Preservation Commission Design Guidelines for residential districts by removing the words
          “economic hardship” from the Artificial Materials Policy in Section 3.12. The motion was
          seconded by Commissioner Jones and passed unanimously.

IX        Preservation America Community Designation. Mr. Murphy reviewed the benefits of applying to be
          part of the Preservation America program. He said a resolution would be taken to the City Council and
          it would be helpful if members of the Commission attended that meeting.

          Commissioner Carter moved the Commission to recommend that City Council adopt a resolution
          to apply for designation as a Preserve America Community. The motion was seconded by
          Commissioner Blatt and passed unanimously.

X         Committee Reports

             Designation Committee – No report.
             Community Affairs – No report.
             District Improvements – No report.
             Grant Review Group – Mr. Murphy updated the Commission that Commissioners Tate, Jones and
             Ralph Freeman met to discuss potential grant request. It was decided to hold a workshop on window
             restoration and replacement. Grant funds would be used to help pay for it. This was approved by
             consensus.

     XI      Commissioners Comments. Former Chair, Mr. Freeman, wanted to discuss requiring a landscaping
             plan for COAs when vegetation is removed. The Commission agreed by consensus not to
             require landscape plans.


     HISTORIC PRESERVATION COMMISSION                     PAGE 4                MINUTES OF MEETING OF 16 DEC 2009
XIIStaff Comments. Mr. Murphy report that DHI contacted staff about using Façade Grant money to
       graffiti removal. After discussion, the Commission agreed by consensus that Façade Grant
       money could be used for graffiti removal.

       The Commission allotted $200 for the purchase of books.

       Mr. Murphy announced there would be training on quasi-judicial hearings on January 28 and the State
       Main Street Conference in New Bern would be January 27-29

XIII   Financial Report. The Financial Report was passed by consensus.

VX     Adjournment. The meeting adjourned at 6:33 p.m.




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