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HomeMy WebLinkAboutAgenda_HARC_04.25.2019Notice of Meeting for the Historic and Architectural Rev iew Commission of the City of Georgetown April 25, 2019 at 6:00 P M at City Council Chambers - 510 West 9th St., Georgetown, T X 78626 T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. L egislativ e Regular Agenda A C ons ideration and possible action to approve the Minutes from the F ebruary 28, 2019 HAR C meeting. Madis on T homas , His toric and Downtown P lanner B P ublic Hearing and possible action on a request for a A C ertific ate of Appropriatenes s for: 1) 10' setback encroac hment along the property line adjac ent to the unimproved Ash S treet, into the required 15’ setback, allowing for a res idential struc ture 5' from the property line per the Unified Development C ode (UDC ) S ection 4.08d.080.D; for the property located at 407 E. 5th S treet, bearing the legal desc ription of 0.33 ac. G las s coc k Addition, Block 32, Lot 3-4 (C O A-2018-59). Madis on T homas , Downtown His toric P lanner C P ublic hearing and possible action for the demolition of a high priority s tructure located outside of the his toric overlay dis tric ts at 608 W. 15th S treet– Madis on T homas , AI C P, His toric and Downtown P lanner D Consideration and review of by-laws , inc luding the proposed revision that would es tablish provis ions for two regular meetings per month and the attendance policy. E P resentation and discussion on the proc es s and standards related to the Unified Development C ode HAR C approval criteria. Madison T homas, AI C P, Historic and Downtown P lanner. C E RT IF IC AT E O F P O S T IN G I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was pos ted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a place readily ac cessible to the general public at all times, on the ______ day of __________________, 2019, at __________, and remained so pos ted for at least 72 continuous hours preceding the sc heduled time of s aid meeting. ____________________________________ R obyn Densmore, C ity S ecretary Page 1 of 100 City of Georgetown, Texas Historic and Architectural Review April 25, 2019 S UB J E C T: C onsideration and pos s ible ac tion to approve the Minutes from the F ebruary 28, 2019 HAR C meeting. Madison T homas, Historic and Downtown P lanner IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Madison T homas, AI C P, Historic & Downtown P lanner Page 2 of 100 City of Georgetown, Texas Historic and Architectural Review April 25, 2019 S UB J E C T: Public Hearing and possible action on a reques t for a A C ertificate of Appropriateness for: 1) 10' s etbac k enc roachment along the property line adjacent to the unimproved As h S treet, into the required 15’ s etbac k, allowing for a residential s tructure 5' from the property line per the Unified Development C ode (UDC ) S ec tion 4.08d.080.D; for the property loc ated at 407 E. 5th S treet, bearing the legal des cription of 0.33 ac . G lassc ock Addition, Bloc k 32, Lot 3-4 (C O A-2018-59). Madison T homas, Downtown Historic P lanner IT E M S UMMARY: T he applicant is requesting to add a carport adjacent to the existing garage at the rear and side of the lot which also contains a historic home. T he carport is proposed to be 240 square feet and will match the two other existing structures in roof pitch, roof materials which is metal roofing, siding materials which is hardie and color. T he applicant is requesting a 10' encroachment along the property line adjacent to the unimproved Ash Street, into the required 15’ setback, allowing a residential structure 5' from the property line. T he applicant is requesting this encroachment to align the carport up with the existing driveway and because other areas for a carport on the site are limited. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Madison T homas, AI C P, Historic & Downtown P lanner AT TAC H ME N T S: Description Type Exhibit 1- Location Map Exhibit Exhibit 2- Letter of Intent Exhibit Exhibit 3- Plans and Renderings Exhibit Exhibit 4- Historic Res ource Survey 2016 Exhibit Exhibit 5- Staff Report Exhibit Page 3 of 100 EL M S T E 7 T H S T R O C K S T S M A I N ST ASH S T SCENIC DR E 5 T H S T E 4 T H S T E 2 N D S T W ES T S T H O L LY S T E 6 T H S T S A U S TI N AV E E U N I V E R S I T Y AVE W 8T H S T PI N E S T S M Y R T L E S T W 10T H S T S C H U R C H ST S C O L L E G E S T M A P L E S T W 6 T H S T W 4 T H S T W 11T H S T WA L N U T S T F O R ES T S T T H O M A S C T W 7T H S T W 3R D S T E 1 0 T H S T E 11 T H S T M A RTI N LU T H E R K I N G J R S T N C O L L E G E ST S IH 35 NB E 8 T H S T SOUTHWESTERN B L V D N A U S T I N AVE S M I T H C R E E K R D W E S L E Y A N D R W 5 T H S T SO ULE DR E 3 R D S T S E R VI C E R D B LUE HOLE PARK RD B R E N D O N L E E L N W 2 N D S T RAILROAD AVE W 9TH ST E R UTERSVIL L E D R E 9T H S T R U C K E R S T M C K E N Z I E D R O L I V E S T W U N I VE RS I T Y AV E R E T R E A T P L E 9T H 1/2 S T TI N B A R N A LY MONT GO MERY S T E 1 0 T H S T E 3R D S T W 9T H S T PI N E S T E 8 T H S T H O L L Y S T WA L N U T S T W 2 N D S T E 9 T H S T COA-2018-059Exhibit #1 Coordinate S ystem : Texas S tat e Plane /C ent ral Z one/NA D 83/US F eetCartographic Data For G eneral P lanning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 500 1,000Feet Page 4 of 100 Dear Georgetown City Staff and HARC Members: The renovation plan to the property located at 407 East 5th Street is to remodel an existing shed/apartment located behind the primary homestead. The purpose of the remodel is to update the existing apartment and to create a more useful one car garage space. The renovation would also include a detached car port to accommodate a second vehicle. This detached carport would need to encroach 10' into the building set back in order to allow an appropriate traffic flow without removing large trees. We are requesting a setback Variance from HARC. In 2016 the Mauldins renovated and enlarged the primary homestead located at 407 East 5th Street. The homestead had been built in 1942 and had been unoccupied for many months. With the renovation of the main homestead completed, we decided to remodel the shed/ apartment on the property and add a detached car port. A garage and detached car port are needed to house our vehicles. The apartment needs to be remodeled to make it handicap accessible for the possible need of a family member who may be unable to climb stairs and needs additional accommodations within the space. Although inquiries were made regarding the date that the apartment was included in the shed space, both of the prior owners are deceased and their son no longer lives in the area. There was no response from the son to our communication efforts. Additional Information 1. According to the updated plans submitted to your office on November 30, 2018, the front façade is described as follows:a. The non-working garage door would be replaced with a custom, working, wood carriage style garage door. This would not be original but would be built to resemble original features. b. The rotting two-door unit with panels would be replaced with a custom door unit with glass panels to resemble the existing rotting structure. c. No windows on front facing façade will be changed, added or deleted 2. The rotting wood siding materials would be Repaired, Patched and Replaced as needed. 3. The original shingle roof is to be replaced with metal roof which would model the existing roof materials used on the north side of the primary homestead closest to the shed/apartment. This change would provide a much longer lasting and higher quality roof. The form, pitch and shape of the roof would not be changed. 4. Paint colors that will be used are the same approved colors from the prior City/HARC submission for the primary homestead. Respectfully submitted by, Travis Adams, Builder Stan and Jen Mauldin, Homeowners Page 5 of 100 RIATA BUILDERS 1799 CR 245 Georgetown, Texas 78633 Phone: 512-818-1117 E-mail: tadams.riata@hotmail.com PRELIMINARY PROPOSAL Owner:Stan and Jen Mauldin Job Address:407 E. 5th st Phone #:512-763-6553 E-mail shmauldin85@gmail.com, jenmauldin4@gmail.com Date:11/30/2018 We hereby propose to furnish all labor and material to build a custom home based on the following scope of work, allowances and exclusions on Owners Property Approximate Living Square Footage is: 562 Scope of Work Scope summery Renovation of existing garage/ Guest House. Demo interior walls and roof of existing building Repair/ rebuild exterior walls, roof framing and roof decking to deal with any existing rot or damage Roof shape to be rebuilt to match existing. Material to be snaplock V groove metal Rebuild interior and exterior of building to meet current code New siding, roof and exterior facades to match existing main house/ resemble existing shed. New electrical, Plumbing and mechanical in new Guest house. New concrete walk path along south side of building New flatwork approach to garage from existing driveway. Build new Carport next to garage Scope Specs Permits, foundation engineering and insurances Engineered foundation with broom finished concrete on porches Conditioned areas have 5/8" plywood roof decking 7/16" OSB sheathing with Tyvek wrap on whole house Snap-lock V groove metal roof with Kynar finish Color TBD Try Supply Vinyl windows with insulated low E glass, Color is White (to match existing) 6'8" Fiberglass one lite exterior doors Open Cell foam insulation in the exterior walls and roof cavities 14 SEER air conditioning system with Electric Heat Pump and programmable T-stats Custom cabinets per plan in paint grade material Painted trim package including 5 1/4" base board and 3 1/4" door casing. 6'8" masonite solid core interior doors with Satin Hardware Ceramic Tile Flooring in Bathroom Vynil plank wood Floor in Living, Kitchen, Bedroom and closets. Tile shower surround and pan in bath with frameless clear glass enclosure Granite tops with tile backsplash in kitchen, Gas Tankless water heater mounted on ext of building Plumbed for Water Softner Loop Page 1 of 1Page 6 of 100 This area is inaccessible by vehicle due to topography and natural landscape. This area is not suitable to build the carport due to large pecan trees that we do not want to disrupt. •This area is the only available space on the lot. •This area will also flow best with existing/ proposed traffic pattern for the primary garage. •Because of the drainage easement The carport would not interfere be obtrusive to any neighbors •This street is unimproved •This easement appears to only be used for drainage Page 7 of 100 P-01 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 NTS Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Plan Info M A ULD IN R ESIDE N C E A P A RTM E N T/ G A R AG E 407 E. 5TH ST GEORGETOWN TEXAS WCAD INFO:WCAD INF O: Property Type - Residential Legal Description - GLASSCOCK ADDITION, BLOCK 32, LOT 3-4, ACRES .33 Neighborhood - G652H - Old Town Gtown Class H2 Account - R-20-4800-0000-0184 Map Number - 3-1127 407 E. 5TH ST Georgetown, TX 78626 Layout Page Table Label Title Description Comments P-01 Plan Info NTS P-02 Existing 1/4"=1' P-03 Existing Elevation Photos NTS P-04 Proposed floorplan 1/4"=1' P-05 Proposed Ext. Elevations 1/8"=1' P-06 Proposed Ext. Elevations 1/8"=1' P-07 Proposed Roof Plan P-08 Electrical 1/4"=1' P-09 Material Specs - Scope P-010 Garage Door NTS P-011 Carport 1/4"=1' P-012 Carport 3D NTS P-013 Site plan 1"=20' P-014 Underground Utilities 1"=20' Page 8 of 100 P-09 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Material Specs - Scope 407 E. 5TH ST Georgetown, TX 78626 ***some example photos may be effected by light and or poor quality camera, and may not resemble color accurately*** Scope:Scope: Renovation of existing garage/ Guest House. Demo interior walls and roof of existing building Repair/ rebuild exterior walls, roof framing and roof decking to deal with any existing rot or damage Rebuild interior and exterior of building to meet current code New siding, roof and exterior facades to match existing main house/ resemble existing shed. New electrical, Plumbing and mechanical in new Guest house. New concrete walk path along south side of building New flatwork approach to garage from existing driveway. Build new Carport next to garage Exterior Facade Material:Exterior Facade Material: Siding material: 6in Hardie Lap cedar mill texture Trim Material: Cedar mill textured Hardie Windows: White Vinyl single hung windows to match existing main house Roof Color: Match Existing main house (snap lock metal) Exterior Paint colors: (matching existing structure)Exterior Paint colors: (matching existing structure) Siding: Kelly Moore - KM5818 Kettlemen Trim: Kelly Moore - KMW 43 Whitest White Roof Example Window example Siding material/ ColorTrim material/ Color Page 9 of 100 20' 12' 10' 10' 12' X 20' CARPORT 6x6 Smooth cedar column 45 deg. gussets Decorative Corbels Siding gable to match houseRoof pitch to match house 6x6 smooth cedar columns painted to match trim color of house Exterior Elevation Front 13'-2" 20' 12'-10" 9' 3'-10"snap lock "v groove" metal roof Grade line Exterior Elevation Right P-011 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 1/4"=1' Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Carport 407 E. 5TH ST Georgetown, TX 78626 Page - 11"x17" 1/4"=1' Proposed CarportProposed Carport Placement Requires a setback Varience Design to resemble/ Complement main house Paint colors to match main house Page 10 of 100 P-012 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 NTS Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Carport 3D 407 E. 5TH ST Georgetown, TX 78626 Revision Table Number Date Revised By Description 1 2/21/2019 T. ADAMS Updated roof material 2 2/21/2019 T. ADAMS Updated door style Page 11 of 100 SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / LSB / LSB / LSB / LSB / L SB / L SB / L SB / L SB / L SB / L 4'-8" 22'-9" 9' 14'-6" 4' 5'-8" 16'-2" 4' 9' 26'-4" 38' 95'-4" 90'-1" 20'-9" 19'-11" 10' 10' 2' 15'2'3'-9" 20' 12'-11" 15'-1" 10' New Concrete Ramp to grade New 4' Concrete walk path Concrete Steps and platform from grade to side entry door Dimensions per code A/C pad New Stone retaining wall to replace existing wood wall "back yard" 26'x36' appartment/ garage (existing)12'x20' Carport (proposed) We are requesting a set back variance of 10' here to accommodate new detached carport. P-013 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 1"=20' Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Site plan 407 E. 5TH ST Georgetown, TX 78626 Total Lot (according to WCAD) - 14,375 sq. ft. Back Yard total - 4,525 sq. ft. Impervious Cover:Impervious Cover: Existing - 2908.97 sq. ft. Main house (Including covered porches)- 1874.97 sq. ft. Shed/ Apartment - 936 sq. ft. Main house A/C pad - 10 sq. ft. Front entry walk path - 115 sq. ft. Proposed - 656.18 sq. ft. Apartment flatwork - 406.18 sq. ft. Apartment A/C pad - 10 sq. ft. Carport - 240 sq. ft. Proposed Lot Total Impervious - 3565.15 sq. ft. (24.801% of total lot) Proposed back Yard Total Impervious - 1592.18 sq. ft. (35.186 % of back yard) Proposed back yard total coverage (structures and buildings) - 1185.815 sq. ft. ( 26.205% of back yard) Page size - 11"x17" Scale - 1"=20' Revision Table Number Date Revised By Description 1 2/21/2019 T. ADAMS Changed side set back 2 2/21/2019 T. ADAMS Added rear yard calc. 3 2/21/2019 T. ADAMS deminsion from carport to rear prop. Page 12 of 100 SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / L SB / LSB / LSB / LSB / LSB / L SB / L SB / L SB / L SB / L SB / L E / L C / W C / W w / W w / W w / W w / W w / W w / W E / L E / L E / L E / L G G 4'-8" 22'-9" 9' 14'-6" 4' 5'-8" 16'-2" 4' 9' 26'-4" 38' 95'-4" 90'-1" 20'-9" 19'-11" 10' 10' 2' 15'2'3'-9" 20' 12'-11" 15'-1" 10' New Concrete Ramp to grade New 4' Concrete walk path Existing Electric line from house to shed Existing Waste water line from main house to city sewer Existing Water line from main house to shed (Re-use this water line for new apartment) Concrete Steps and platform from grade to side entry door Dimensions per code New Electric line from main house electric panel to new sub panel on apartment Tie in new Sewer connection from apartment to city sewer New Gas line from main house to apartment A/C pad New Stone retaining wall to replace existing wood wall "back yard" 26'x36' appartment/ garage (existing)12'x20' Carport (proposed) We are requesting a set back variance of 10' here to accommodate new detached carport. P-014 SHEET: SCALE: DRAWINGS PROVIDED BY: DATE: 3/31/2019 1"=20' Travis Adams Riata Builders Tadams.riata@hotmail.com 512.818.1117 Underground Utilities 407 E. 5TH ST Georgetown, TX 78626 Page 13 of 100 County Williamson TEXAS HISTORICAL COMMISSION Local District:Old Town District Address:407 E 5th St 2016 Survey ID:124262 A City Georgetown HISTORIC RESOURCES SURVEY FORM 2016 Preservation Priority:Low SECTION 1 Basic Inventory Information Owner/Address ROSE, REUBEN JR ET AL, 407 E 5TH ST, , GEORGETOWN,TX 78626 Latitude:30.639408 Longitude -97.673561 Addition/Subdivision:S3677 - Glasscock Addition WCAD ID:R042567Legal Description (Lot/Block):GLASSCOCK ADDITION, BLOCK 32, LOT 3-4, ACRES .33 Property Type:Building Structure Object Site District Current Designations: NR District Yes No) NHL NR (Is property contributing? RTHL OTHM HTC SAL Local:Other Date Recorded 3/17/2016Recorded by:CMEC Other: Historic Use:GovernmentEducationalDomestic SocialReligiousRecreation/cultureIndustry/processing DefenseCommerce/tradeAgriculture Other: Current Use:GovernmentEducationalDomestic SocialReligiousRecreation/cultureIndustry/processingHealthcare DefenseCommerce/tradeAgriculture Function EstimatedActual Source:WCADConstruction Date:1940 Builder:Architect: Healthcare Note: See additional photo(s) on page 4 Vacant Vacant Old Town District Current/Historic Name:None/None Photo direction: North Page 14 of 100 County Williamson TEXAS HISTORICAL COMMISSION Local District:Old Town District Address:407 E 5th St 2016 Survey ID:124262 A City Georgetown HISTORIC RESOURCES SURVEY FORM 2016 Preservation Priority:Low SECTION 2 Architectural Description General Architectural Description: One-story single-family home with no particular style. It has a cross-gabled roof, hardiplank siding, and a partial-width, projecting porch with a single front door with partially glazed sidelights. Relocated Additions, modifications:Entry stoop replaced with a partial-width porch (porch roof and porch supports replaced; porch surround added); door replaced, sidelights added, door surround added; siding replaced and string course added; windows resized and replaced; addition at rear Stylistic Influence(s) Queen Anne Second Empire Greek Revival Eastlake Italianate Log traditional Exotic Revival Colonial Revival Romanesque Revival Renaissance Revival Folk Victorian Shingle Monterey Beaux Arts Tudor Revival Mission Neo-Classical Gothic Revival Moderne Craftsman Spanish Colonial Art Deco Prairie Pueblo Revival Other: Commercial Style Post-war Modern No Style Ranch International Gable Hipped Gambrel Shed Flat w/parapet Structural Details Roof Form Mansard Pyramid Other: Wood shingles Tile Composition shingles Metal Other: Roof Materials Wall Materials Metal Brick Wood Siding Stucco Siding: Other Stone Glass Wood shingles Asbestos Log Vinyl Terra Cotta Other: Concrete Fixed Wood sash Double hung Casement Metal sash Windows Decorative Screenwork Other: Single door Double door With transom With sidelights Doors (Primary Entrance) Other: Plan Irregular L-plan Four Square T-plan Rectangular Modified L-plan 2-room Open ShotgunCenter Passage Other Bungalow Chimneys Brick StuccoStone Corbelled Caps Interior Exterior Other Specify #0 PORCHES/CANOPIES Form:Shed Roof Hipped RoofFlat Roof Gabled Roof Inset Other Support Suspension rods Box columns Classical columns Wood posts (plain) Spindlework Wood posts (turned) Tapered box supports Masonry pier Other: Fabricated metal Jigsaw trim Suspension cables Materials:Metal FabricWood Other: # of stories:1 PartialNone FullBasement: Ancillary Buildings Garage Barn Shed Other: Landscape/Site Features Stone Sidewalks Wood Terracing Concrete Drives Well/cistern Gardens Other materials:Brick Other Landscape Notes: Cross-Gabled Hardiplank Vinyl None None None Unknown Asphalt Page 15 of 100 County Williamson TEXAS HISTORICAL COMMISSION Local District:Old Town District Address:407 E 5th St 2016 Survey ID:124262 A City Georgetown HISTORIC RESOURCES SURVEY FORM 2016 Preservation Priority:Low SECTION 3 Historical Information Immigration/Settlement Religion/Spirituality Commerce Law/Government Science/Technology Communication Military Social/Cultural Education Natural Resources Transportation Exploration Planning/Development Other Health Applicable National Register (NR) Criteria: National State LocalLevel of Significance: Integrity: Setting Feeling Location Association Design Materials Workmanship Yes NoIndividually Eligible?Undetermined Is prior documentation available for this resource?Yes No Not known General Notes: (Notes from 2007 Survey: some window replacement) Associated Historical Context:Agriculture Architecture Arts C D B A Associated with events that have made a significant contribution to the broad pattern of our history Associated with the lives of persons significant in our past Embodies the distinctive characteristics of a type, period or method of construction or represents the work of a master, or possesses high artistic value, or represents a significant and distinguishable entity whose components lack individual distinctions Has yielded, or is likely to yield, information important in prehistory or history Areas of Significance: Periods of Significance: Integrity notes:See Section 2 Yes NoWithin Potential NR District?Undetermined Yes NoIs Property Contributing?Undetermined High Medium Priority: Low Explain:Due to recent alterations, priority has been lowered from the previous survey. Other Info: Type:HABS Survey Other Documentation details 1984 survey and 2007 survey Contact Survey Coordinator History Programs Division, Texas Historical Commission 512/463-5853 history@thc.state.tx.us Questions? 1984 ID:262007 ID:78a 2007 Survey Priority:Medium 1984 Survey Priority:Low Page 16 of 100 County Williamson TEXAS HISTORICAL COMMISSION Local District:Old Town District Address:407 E 5th St 2016 Survey ID:124262 A City Georgetown HISTORIC RESOURCES SURVEY FORM 2016 Preservation Priority:Low Additional Photos NorthwestPhoto Direction NortheastPhoto Direction Page 17 of 100 Planning Department Staff Report Historic and Architectural Review Commission COA-2018-059 – 407 E. 5th St. Page 1 of 5 Meeting Date: 4/25/2019 File Number: COA-2018-059 AGENDA ITEM DESCRIPTION Public Hearing and possible action on a request for a Certificate of Appropriateness for 10' setback encroachment along the property line adjacent to the unimproved Ash Street, into the required 15’ setback, allowing for a residential structure 5' from the property line per the Unified Development Code (UDC) Section 4.08d.080.D; for the property located at 407 E. 5th Street, bearing the legal description of 0.33 ac. Glasscock Addition, Block 32, Lot 3-4 (COA-2018-59). Madison Thomas, Downtown Historic Planner AGENDA ITEM DETAILS Project Name : Carport Setback Encroachment Applicant: Travis Adams Property Owner: Stan & Jen Mauldin Property Address: 407 E. 5th Street, Georgetown Texas 78626 Legal Description: Glasscock Addition, Block 32, Lot 3-4 Historic Overlay: Old Town Overlay Case History: N/A HISTORIC CONTEXT Date of construction: Main House: 1940 Historic Resources Survey Level of Priority: 2016 Main House: Low Garage: Low 2007 Main House: Medium Garage: Medium 1984 Main House: Low Garage: N/A National Register Designation: No Texas Historical Commission Designation: No APPLICANT’S REQUEST The applicant is requesting to add a carport adjacent to the existing garage at the rear and side of the lot which also contains a historic home. The carport is proposed to be 240 square feet and will match the two other existing structures in roof pitch, roof materials which is metal roofing, siding materials which is hardie and color. The applicant is requesting a 10' encroachment along the property line adjacent to the unimproved Ash Street, into the required 15’ setback, allowing a residential structure 5' from the property line. The applicant is requesting this encroachment to align the carport up with the existing driveway and because other areas for a carport on the site are limited. Page 18 of 100 Planning Department Staff Report Historic and Architectural Review Commission COA-2018-059 – 407 E. 5th St. Page 2 of 5 STAFF ANALYSIS The proposed carport location is adjacent to the existing apartment/garage. It will meet the rear setback of 10’ from the property line, and will be significantly setback from the front property line. The distance between the existing garage and the carport will be approximately 4’, however, there are no distance requirements for buildings on the same lot in the building code. The side setback is required to be 15’ from a street right-of-way. Although Ash Street is not improved and does not function as a street, it remains a city right-of-way and the 15’ setback applies. The Unified Development Code (UDC) requires side setbacks not adjacent to a street to be 6’. When a setback encroachment is being requested, HARC should consider the following criteria: D. Additional Criteria for Approval of a Setback Exception. 1. The Historic and Architectural Review Commission may grant a Certificate of Appropriateness, per Section 4.08.080.D of this Code, to modify the setback standards of the underlying base zoning district for residential properties located within the Old Town Overlay District. 2. HARC may take in consideration the following in determining whether to approve a Certificate of Appropriateness for a setback exception: Approval Criteria Staff Findings a. Whether the proposed setback encroachment is solely a matter of convenience; Complies The proposed location of the carport is appropriate in that it is not being placed in front of either of the existing structures (both are identified on the historic resource survey). It is being proposed at the rear of the lot adjacent to the existing garage structure. There are existing trees and a retaining wall that limits the possible locations on the lot. The carport as it is proposed could be moved closer to the existing garage, reducing the requested setback encroachment. If they move it closer to the garage they would still need to provide enough space for maintenance of the two structures. Page 19 of 100 Planning Department Staff Report Historic and Architectural Review Commission COA-2018-059 – 407 E. 5th St. Page 3 of 5 b. Whether there is adequate room on the site to allow the proposed addition or new structure without encroaching into the setback; Complies Pushing the carport towards the northwest portion of the lot is not an option due to the limited area to maneuver a car between the existing home’s screened patio and the existing garage/apartment. This area also has topography issues with an existing wood wall, soon to be replaced with a stone retaining wall blocking off this portion of the backyard. There is also limited space on the lot due to the amount of large trees on the property with trees that run along the west portion of the lot line and a row of trees that follow the existing drive. However, there is some open room on the lot between the house and the trees, though a structure and parking could impact the trees and critical root zone. c. Whether the proposed setback is compatible and in context within the block in which the subject property is located; Does Not Comply The block was defined as the properties adjacent to S. Elm Street, E. 4th Street, S. College Street and E. 5th Street. There are no other houses within this block that are less than 15’ from these streets. The other properties along the unimproved Ash St. have a detention culvert running along their property and the road, so this context is difficult to determine. d. Whether the proposed addition or new structure will be set closer to the street than other units within the block; Partially Complies The proposed setback is compatible with the existing structures on the lot adjacent to E. 5th St., however if Ash St. were to develop, it would be closer than any other structures are to a street. e. Whether the proposed structure is replacing a structure removed within the past year; N/A Page 20 of 100 Planning Department Staff Report Historic and Architectural Review Commission COA-2018-059 – 407 E. 5th St. Page 4 of 5 f. Whether the proposed structure will replace a structure that previously existed with relatively the same footprint and encroachment as proposed; N/A g. If the proposed encroachment is for a structure that is replacing another structure, whether the proposed structure is significantly larger than the original; N/A h. If the proposed encroachment is for an addition, the scale of the addition compared to the original house; N/A i. Reserved. j. The size of the proposed structure compared to similar structures within the same block; Complies There are a few other properties along the block that have a single-car carport (attached and detached) of a size and scale. k. Whether the proposed addition or new structure will negatively impact adjoining properties, including limiting their ability to maintain existing buildings; Complies The proposed location of this structure will not negatively impact the adjoining property, which is an undeveloped road. There are no current plans in place to develop the street, and the proposed structure is setback far enough, that if the road were to develop in the future, it would not impose the line of sight. l. Whether there is adequate space for maintenance of the proposed addition or new structure and/or any adjacent structures; and/or Complies The setback from the property line 5’ which would allow the maintenance of the structure. m. Whether the encroachment would enable existing large trees or significant features of the lot to be preserved. Partially Complies The proposed location of the structure is not impacted by trees, however if placed in other possible locations on the lot, existing trees could be impacted. STAFF RECOMMENDATION Staff recommends approval with the condition that the applicant places the structure 6’ from the side setback. That is a typical side setback and the adjacent road is unimproved and has been. If it were to Page 21 of 100 Planning Department Staff Report Historic and Architectural Review Commission COA-2018-059 – 407 E. 5th St. Page 5 of 5 develop, the structure is proposed far enough back to not impact road visibility. It meets the majority of the criteria outlined, will not negatively impact adjacent properties, and has site limitations to placing it in other locations throughout the lot. As of the date of this report, staff has not received any written comments. ATTACHMENTS Exhibit 1 – Location Map Exhibit 2 - Letter of Intent Exhibit 3– Plans (rendering) and Specifications Exhibit 4 – Historic Resources Survey SUBMITTED BY Madison Thomas, AICP, Historic & Downtown Planner PUBLIC COMMENTS Page 22 of 100 City of Georgetown, Texas Historic and Architectural Review April 25, 2019 S UB J E C T: Public hearing and possible action for the demolition of a high priority struc ture loc ated outs ide of the historic overlay districts at 608 W. 15th S treet– Madison T homas, AI C P, Historic and Downtown P lanner IT E M S UMMARY: Background T his approximately .24 ac re property inc ludes a high priority s tructure identified on the 2016 Historic R es ourc e S urvey. It was als o on the 1984 or 2007 his toric resource s urveys as a high priority struc ture. Acc ording to the 2016 Historic R es ourc e S urvey, the s ingle story s tructure is estimated to have been built in 1890 and retains s uffic ient (arc hitectural) integrity and is an excellent or rare example of its type or style. T he 2016 s urvey identifies the s tructure as an L-plan with F olk Victorian s tylis tic influences. T he property is not located in either of the historic overlay districts , but loc ated in a neighborhood a few bloc ks west of O ld Town. T he applicant purc hased the home last year, from a family that had owned it s inc e the early 1970’s . T he applic ant c onsidered relocation, however it has been c onfirmed that due to the struc ture and condition of the home, relocation is not an option. Public Comments As req uired by the Unified Development C o d e, all property o wners within a 200 fo o t radius of the s ubjec t property that are loc ated within C ity limits were notified of the rezo ning ap p licatio n (13 notices mailed ), and one (1) s ign was posted on-s ite. To date, s taff has not rec eived any public comments. Findings T he s truc ture has deterio rated beyond a reas o nable amount of repair and maintenance. In its current s tate it cannot be re-occ upied. To bring it to a livable condition, the foundation would need to be leveled and the flooring replac ed , the single wall c o nstruc tion would need to be converted to double to allo w for electric/gas and p lumbing. Exis ting gas and water plumb ing p o s e s afety issues d ue to the “makeshift” installation and it appears to have extens ive termite d amage. T he property c anno t inhabited or provid e an alternative use in its c urrent state. T he s ignificant amount o f d amage this ho use has inc urred overtime without routine maintenance has left it in a state of disrepair. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Madison T homas, AI C P, Historic & Downtown P lanner AT TAC H ME N T S: Description Type Exhibit 1- Location Map Exhibit Exhibit 2- Letter of Intent Exhibit Exhibit 3- Supporting Documents Exhibit Exhibit 4- HARC Demolition Proces s Exhibit Page 23 of 100 Exhibit 5- HARC Criteria Exhibit Exhibit 6- Demolition Subcommittee Form Exhibit Exhibit 7- Historic Res ource Survey Exhibit Exhibit 8- HPO Report Exhibit Page 24 of 100 S MAIN S T EL M S T S AUS TIN AVE S C H U R C H S TW 17TH ST W 10TH ST RAILROAD AVE W UNIV E RSIT Y AV E S I H 3 5 N B FORE S T S T W 11TH ST W 1 8 TH S T W 1 6 T H S T S MYRTLE ST S C E N I C D R E 10TH S T E 11 T H S T H A R T S T L E A N D E R S T E 18TH ST E 1 9 TH S T S IH 35 FWY NB TIMBER S T ROCK S T W 1 5 T H S T ALLEY E N T R 2 6 0 N B EXIT 261 NB E U B A N K S T K N I G H T S T E 15TH ST PAIGE ST E 1 7 T H S T E 20TH ST E UNIVERSIT Y AVE S I H 3 5 F W Y S B EXIT 262 NB W 14TH ST E 13TH ST BRUSH Y S T E 14TH ST E 16TH ST W 1 3 T H S T C Y R U S A V E W 9TH ST UNIVERSITY AVE TN W BRIDGE ST CANDE E S T ENTR 262 SB WEST ST E 1 9 T H 1 /2 S T S I H 3 5 S B M A R T I N L U T H E R K I N G J R S T GEORGE ST W 2 0 TH S T W 19TH ST E 1 7 T H 1 /2 S T STO N E C I R MONTGOMERY STS IH 35 NB WEST ST S I H 3 5 F W Y N B S IH 35 FWY SB A L L E Y E 1 6 T H S T FOR E S T S T W 18TH ST HART S T W16TH S T W 1 4 TH S T S I H 3 5 N B W 18TH ST WE S T S T W 1 9 TH S T 2019-10-COAExhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map LegendSiteParcelsCity LimitsGeorgetown ETJ 0 500 1,000Fee t Page 25 of 100 Lewis Asset Management, LLC PO Box 1306 Georgetown, TX 78627 January 29, 2019 Planning and Development 406 W. 8th Street Georgetown, TX 78626 To Whom It May Concern: Lewis Asset Management, LLC, has prepared this letter to state our intent to apply for a certificate of appropriateness to demolish the structure at 608 W 15th Street. The following details apply: Existing Zoning District: Single Family Future Land Use: Moderate Density Residential Growth Tier Designation: Tier 1A (Developed/Redeveloping) The property at 608 W. 15th Street, Georgetown TX was purchased in April 2018 and is currently in the process of being re-platted from one lot to two. The existing home that is on the property was built in 1890 and although it is not in the Historic Overlay District, it has been recognized by the Historic Resources Survey as having historic value. In a substantial effort to save the structure, our original plan was to split the current lot in two, re-position the home to fit on one of the lots and build a new construction home on the second lot. This plan was derived in an effort to create value with the additional lot since remodeling the house as it sits on the one lot was not financially viable. Upon extensive further research and evaluation of the property, it has now been determined that demolishing the current structure is the only economically feasible option. The house has extensive termite damage, wood rot, major foundation and structural issues as well as hazardous plumbing and electrical issues throughout. The house as it stands today is unsafe and unlivable and there is a not a feasible way to repair the building to those standards. All options have been exhausted - to repair the home to meet the safe and livable criteria would take more than the home would be worth and to move the structure would be unpractical due to the additional framing that would be required in order to keep the home from falling apart in its current state. We ask that the committee approve our request to demolish the structure due to unreasonable economic hardship. Thank you for your consideration. If there are any questions regarding this application, please feel free to contact me at (512) 948-5306. Sincerely, Peyton Lewis Owner Page 26 of 100 Page 27 of 100 Page 28 of 100 Page 29 of 100 Page 30 of 100 Page 31 of 100 front elevation Page 32 of 100 front elevation Page 33 of 100 front right elevation Page 34 of 100 front right corner Page 35 of 100 front porch Page 36 of 100 front entry Page 37 of 100 front porch from right side Page 38 of 100 Page 39 of 100 front left corner Page 40 of 100 right elevation Page 41 of 100 back right elevationPage 42 of 100 back right corner Page 43 of 100 rear of the house Page 44 of 100 rear elevation Page 45 of 100 exposed plumbing and electrical on rear Page 46 of 100 rotten siding, exposed plumbing and electrical Page 47 of 100 hazardous electrical wiring on rearPage 48 of 100 Rotten walls, flooring and siding makeshift plumbing. Page 49 of 100 inadequate insulation and mold on ceiling Page 50 of 100 more rotten walls and flooring as well as rotten and missing siding Page 51 of 100 mold on ceiling Page 52 of 100 floor rot Page 53 of 100 floor joist is compromised Page 54 of 100 termite damage and rot Page 55 of 100 termite damage to the floor joist throughout Page 56 of 100 extensive termite damage Page 57 of 100 termite damage Page 58 of 100 termite damage Page 59 of 100 Page 60 of 100 termite Damage Page 61 of 100 termite Damage Page 62 of 100 hazardous electrical panel Page 63 of 100 rotten roof decking Page 64 of 100 rotten roof decking Page 65 of 100 rotten sidingPage 66 of 100 rotten siding Page 67 of 100 rotten siding and makeshift skirting Page 68 of 100 rotten siding and makeshift skirting Page 69 of 100 Subject: 608 15th Street To Whom It May Concern, In this section you will find attached two budgets. The first showing the cost of making the structure livable. This would be the bare essentials with almost nothing being done to the exterior of the house. The second, a budget for a complete remodel of the current house bringing it to a like new condition. Lastly you will find an estimate from River City Structural Movers to move the home and an estimate from Centex for the extensive foundation work. If any additional information or documentation is needed, please let us know so we can get it to you as soon as possible. Thank you for your time. Peyton Lewis Owner Page 70 of 100 608 15th Street Budget to Make it Livable Foundation repair 19,500 lumber 4,000 repair windows 1,000 framing 5,000 electrical 8,000 plumbing 5,000 plumbing fixtures, tub and water heater 3,000 HVAC 8,000 drywall 5,000 insulation 2,000 paint 3,000 flooring 1,000 appliances 2,500 light fixtures 800 hardware/mirrors/etc 500 haul off and cleanup labor 1,000 blinds 300 Total 69,600 Price per sq/ft 63.27 Sale price 176,000 160$ Purchase price (95,000) Building (69,600) Real estate commission (10,560) 6% Closing cost (1,760) 1% Loss (920) Page 71 of 100 608 15th Street Budget for Complete Remodel foundation repair 19,500 lumber 10,000 new metal roof 9,000 new windows 3,000 framing 10,000 electrical 8,000 plumbing 5,000 plumbing fixtures, tub & water heater 4,000 HVAC 8,000 drywall 5,500 insulation 2,000 paint 6,500 flooring 8,000 cabinets and countertops 8,000 appliances 2,500 light fixtures 2,000 hardware/mirrors/etc 1,500 haul off and cleanup labor 1,000 blinds 600 Total 114,100 Price per sq/ft 104 Sale price 209,000 190$ Purchase price (95,000) Building (114,100) Real estate commission (12,540) 6% Closing cost (2,090) 1% Loss (14,730) Page 72 of 100 Section One: Lifetime Service Agreement The Lifetime Service Agreement will be applicable and issued only upon (i)completion of the Scope of Work and any Change Order and (ii) payment in full to CenTex House Leveling (“CenTex”) by Owner. Warranty Terms: a)If future settlement occurs within FIVE (5)years from the date of completion that can be corrected by adjusting on piers previously installed by CenTex,adjustments will be performed at no cost to the Owner,or any future Owners during the applicable warranty term,provided all provisions of the Agreement have been met. b)If future settlement occurs after FIVE (5)years from the date of completion of all work that can be corrected by adjusting piers previously installed by CenTex,adjustments can be performed at $100.00/pier,per adjustment,for the life of the structure providing all provisions of the Agreement have been met. If required, Owner is responsible for any permit fees, engineering fees and post repair leak test. c)The Warranty is limited to the area supported by the pier(s)installed by CenTex.Piering in one area of the structure will not provide warranty coverage for this warranty to any other part of the foundation. d) Access for warranty adjustments will be performed as called for in this Agreement. e) The warranty shall be null and void if: 1) Payment in full is not received per Agreement. 2) Structure has been damaged, added on to, altered or modified since this Agreement. 3) Structure and/or piers have been affected by plumbing leaks, water intrusion, adverse drainage conditions, soil erosion, heaving or intentional damage. X Property Owner Date X Property Owner Date P: (512) 444-5438 P: (888) 425-5438 F: (512) 371-9551 A111297Bid#: Peyton Lewis 608 W 15th St Georgetown, TX 78626 Page 1 of 3 CENTEX HOUSE LEVELING - AUSTIN, LLC PIER & BEAM FOUNDATION REPAIR AGREEMENT Install 10” Sonotube Pier39 Install/Replace 4x6 Wood Beam per Lin Ft308 Improve Level Condition of Foundation1 Skirting, Remove and Dispose. Others to replace.1 NOTE: Customer is responsible for removal of floors prior to work Sales Tax Scope of Work Total $19,502.00 Discount Third Party Fees $750.00 Charges Optional Pier Types Discounts Third Party Services Special Contract Provisions $18752.00Scope of Work If additional work is necessary that is not called for in this Agreement, additional cost will apply for such work thru a separate Agreement......... 2x6 Floor Joists: $20.00 per ln ft. If any existing wood beam is reusable a credit of $24.00 per ln ft will apply. City Permits and Engineering Certification Date Dean Zubkoff Dean Zubkoff 1/4/19 CenTex House Leveling - Austin, LLC dean@welevelit.com 512-230-2310 512-948-5306 HELPING MAKE A DIFFERENCE: FOR EVERY JOB WE PERFORM, CENTEX DONATES TO HABITAT FOR HUMANITY. WHEN YOU HIRE CENTEX, YOU HELP MORE THAN JUST YOUR HOME’S FOUNDATION. Payment Terms - 50% at Start, 50% at Completion of Centex Work Page 73 of 100 Payment Terms and Conditions: a) 50% of Agreement at start, 50% at completion of CenTex work. b) CenTex reserves the right to stop job and keep idle if payment terms of Agreement are not met, including Change Orders. c) Change Orders must be in writing and signed by CenTex & Owner. Section Two: CenTex’s Responsibilities a) CenTex shall furnish all labor, materials & equipment to perform services described in the Scope of Work & any Change Order. b)If the Scope of Work is to improve the level condition of the foundation (unless otherwise noted),by installing piers,then during the raising process, the extent of improvement to the level condition of the foundation will be in the sole judgment of CenTex. c)If the Scope of Work is stabilization only,&not to improve the level condition of the foundation,then stabilization,for the purposes of this Agreement,is defined as preventing,as best as possible,any further or continued downward movement of the structure.The piers installed by CenTex are solely intended to stabilize the foundation.Neither stabilization,nor CenTex’Warranty,limits,protects from,or prevents the potential for the structure to heave with or heave off, the piers installed by CenTex. d)CenTex shall temporarily remove any plant(s);shrub(s)&landscaping that may obstruct pier installation.When feasible,all plant(s), shrub(s) & landscaping will be replanted, but CenTex is not responsible for, nor guarantees the livelihood of any disturbed plant(s). Section Three: General Conditions a)All plumbing,including,(i)joints,fixtures or fittings (ii)deteriorated or leaking pipes,or (iii)sprinkler/irrigation systems which have preexisting problems or problems resulting from work performed will not be repaired by CenTex unless otherwise noted in this Agreement or Change Order. b)Owner agrees that in order to perform the Scope of Work during the initial piering as well as any future warranty adjustments,that sheetrock,wallpaper,brick and/or other rigid materials including the slab,framing,roof and walls may crack.If such cracking occurs, CenTex is not responsible for the repair of these items.The Scope of Work does not include any repairs,cosmetic work,electrical work or the replacement of any such materials. c)Owner agrees that if it is discovered after work has begun,that the slab foundation,(i)was constructed of substandard materials,(ii) possesses structural deficiencies,or,(iii)possesses inadequate reinforcement to support the load required for the installation of piers,an adjustment in the price of the Agreement may be required and shall be agreed to by Owner in a Change Order.Should the Owner be unwilling to agree to the required Change Order,CenTex will refund monies paid less the cost of material(s),labor performed,engineering fees,and City permits.This Agreement shall then be of no further binding effect and shall be mutually rescinded.CenTex shall issue no Warranty for partial work performed. d)Owner agrees that if it is discovered by either party,after installation of the initial Scope of Work per this Agreement,that the foundation, i)was constructed of substandard materials,(ii)possesses structural deficiencies,or,(iii)possesses inadequate reinforcement to support the load required or sustain the repair (“substandard issues”), CenTex is not responsible to repair or restore the property.CenTex, at its sole discretion, may void future warranty obligations based upon its inspection and discovery of such substandard issues. e)Owner agrees that if builder’s piers,other preexisting piering systems,or anchors of any type are discovered after work has begun &it is necessary to disconnect them from the foundation, an additional charge per pier will be assessed by a Change Order. f) Owner agrees that if rock is encountered an additional charge of $250.00/hour will apply thru separate Change Order. g)Owner agrees to furnish CenTex the electricity/water to perform the services in accordance with the Scope of Work and any Change Order. A111297Bid#: Peyton Lewis 608 W 15th St Georgetown, TX 78626 Page 2 of 3 PIER & BEAM FOUNDATION REPAIR AGREEMENT CENTEX HOUSE LEVELING - AUSTIN, LLC GENERAL TERMS AND CONDITIONS ON PAGES ONE, TWO, AND THREE ARE PART OF THIS AGREEMENT. BY INITIALING, I HAVE READ, AGREE, AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. Property Owner Initials: ________ Date: ____________ Property Owner Initials: ________ Date: ____________ welevelit.com P: (512) 444-5438 P: (888) 425-5438 F: (512) 371-9551 Page 74 of 100 GENERAL TERMS AND CONDITIONS ON PAGES ONE, TWO, AND THREE ARE PART OF THIS AGREEMENT. BY INITIALING, I HAVE READ, AGREE, AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. Property Owner Initials: ________ Date: ____________ Property Owner Initials: ________ Date: ____________ welevelit.com A111297Bid#: Peyton Lewis 608 W 15th St Georgetown, TX 78626 Page 3 of 3 PIER & BEAM REPAIR AGREEMENT CENTEX HOUSE LEVELING - AUSTIN, LLC Section Four: Dispute Resolution a)Collection Action:If Owner fails to pay CenTex under the terms of this Agreement,Owner agrees that it will pay all costs and expenses incurred by CenTex in bringing collection action,including but not limited to attorney’s fees,collection agency fees,investigation fees,and any other costs associated with litigation such as court costs,witness fees,and travel expenses.Venue is Austin,Travis County,Texas. This Agreement shall be governed by the laws of Texas. b)Binding Arbitration:Owner and CenTex agree to negotiate with each other in good faith and to use their best efforts to reach a fair and equitable settlement satisfactory to both parties.Other than CenTex’s right to bring a Collection Action,should settlement negotiations fail with respect to any and all other disputes or claims arising out of or relating to this Agreement,an alleged breach of this Agreement,or the terms of the Warranty issued by CenTex,including but not limited to claims based on contract,tort,or statute,the dispute shall be submitted to binding arbitration with the American Arbitration Association, following the American Arbitration Association’s Construction Industry Rules.Any fee for initiating arbitration must be paid by the party initiating arbitration.Thereafter,the parties shall share the fees and expenses of the arbitration proceeding equally. Each party shall pay its own negotiation,mediation or arbitration expense as those expenses are assessed through the proceeding. Owner waives its right to a trial by jury. No Punitive Damages:The arbitrator is not empowered to award punitive damages.The parties expressly waive any claim to punitive damages with respect to any disputes. IMPORTANT NOTICE:You and your contractor are responsible for meeting the terms and conditions of this contract.If you sign this contract and you fail to meet the terms and conditions of this contract,you may lose your legal ownership rights in your home.KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW. Section Five: Limitation of Liability a)Both Owner and CenTex agree if CenTex is found liable to Owner under this Agreement,in no event shall any award to Owner be in excess of the contracted price of this Agreement and any Change Orders,less third party fees paid by CenTex for engineering certification, City permits, and plumbing tests/repairs. b)If CenTex is the prevailing party in any proceeding,be it arbitration or court,it shall be entitled to recover its reasonable and necessary attorney’s fees and costs from Owner. c)It is understood and agreed by CenTex and Owner that this Agreement contains the final and entire agreement between them,and that they shall not be bound by any terms,statements,conditions or representations,oral or written,express or implied,not contained within this Agreement.A written Change Order signed by CenTex and Owner may only modify this Agreement.No oral statements made by any CenTex representative during any phase of the services provided by CenTex are enforceable,unless such oral statement is reduced to writing and contained in this Agreement or any Change Order. P: (512) 444-5438 P: (888) 425-5438 F: (512) 371-9551 Page 75 of 100 Estimate Date 4/10/2018 Estimate # 13 Name / Address Stonefish Investment Group Peyton Lewis P.O. Box 1306 Georgetown, TX 78627 20 Redfish Lane Port Lavaca TX 77979 512-237-1373 Please let us know if you have any questions and we will get back with you as soon as possible. Phone # 5122371373 Total Description Qty Rate Total This is the cost to remove existing metal roof and save for reinstallation by others. Roof rafters will be taken down and laid on top of ceiling for house move. House will be cut into two pieces and relocated to its new location. 27,000.00 27,000.00 This is the cost to install new half inch zip wall roof sheathing. 2,000.00 2,000.00 Framing allowance. This allowance is for the cost of new floor systems installed in the home. 11,000.00 11,000.00 This is the cost to install new interior 2x4 walls throughout the home. This is needed for bracing and will remain in place after the house is set onto its foundation. 4,000.00 4,000.00 This is the cost for installation of foundation. Also includes cost for engineering services to determine pier size and layout. Upon receipt of engineer drawings cost may change if engineer calls for exceptional measures. 16,000.00 16,000.00 Building materials will be billed on a cost plus 10% basis. All receipts will be submitted to client upon invoice. This is done as a transparent measure so that client sees actual cost of materials used. 0.00 0.00 $60,000.00 Page 76 of 100 Page 77 of 100 Sec. 3.13.030. - Certificate of Appropriateness—HARC Approval. F. Criteria for Approval for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure. 1. The Historic and Architectural Review Commission shall use circumstances or items that are unique to the building or structure proposed to be relocated, removed or demolished when reviewing the application. 2. The Historic and Architectural Review Commission shall make the following findings when considering a request for demolition or relocation of a structure: a. Loss of Significance. i. The applicant has provided information that the building or structure is no longer historically, culturally or architecturally significant, or is no longer contributing to the historic overlay district; and ii. The applicant has established that the building or structure has undergone significant and irreversible changes, which have caused the building or structure to lose the historic, cultural or architectural significance, qualities or features which qualified the building or structure for such designation; and iii. The applicant has demonstrated that any changes to the building or structure were not caused either directly or indirectly by the owner, and were not due to intentional or negligent destruction, or lack of maintenance rising to the level of a demolition by neglect; and iv. Demolition or relocation of the building or structure will not cause significant adverse effect on the historic overlay district or the City's historic resources; or b. Unreasonable Economic Hardship. i. The applicant has demonstrated that the property owner cannot take reasonable, practical or viable measures to adaptively use, rehabilitate or restore the building or structure, or make reasonable beneficial use of, or realize a reasonable rate of return on a building or structure unless the building or structure may be demolished or relocated; and ii. The applicant must prove that the structure cannot be reasonably adapted for any other feasible use, which would result in a reasonable rate of return; or c. There is a compelling public interest that justifies relocation, removal or demolition of the structure. Page 78 of 100 HISTORIC AND ARCHITECTURAL REVIEW COMMISSION DEMOLITION SUBCOMMITTEE REPORT AND RECOMMENDATION FILE NUMBER: 2019-10-COA MEETING DATE: 4/5/2019 MEETING LOCATION: 608 WEST 15TH STREET APPLICANT: Peyton Lewis SUBCOMMITTEE MEMBERS PRESENT: Amanda P., Lawrence R. STAFF PRESENT: Madison T., Nat W., Glen Holcomb OTHERS PRESENT: Josh S., Catherine M. COMMENTS Applicant: Mr. Lewis bought the property to make two (2) lots and planned on keeping the structure and moving it to the other lot. Unfortunately, he determined that the structure was unstable and not structurally sound enough to move. Mr. Lewis already has started collecting some information on the history of the home and information on previous owners. Subcommittee: What is the existing (structural) condition of the structure? Are there any structural changes that should be made to the structure for re-occupancy? Existing single walls will require extensive framing and reinforcement to allow re-occupancy; the floor is rotted out and unleveled, plumbing issues/makeshift gas lines, and no running water. Would the original owner be able to recognize the structure today? What changes have been made to the structure (excluding cosmetic features)? Are structural changes needed to bring back the structure to its original design? There are some additions at the rear and side which are not visible from the street. Some are historic additions and some are just older. It looks like the portion on the west side of the home was a historic addition, with the small shed-like structure at the rear being a more recent addition. The street facing façade of the structure is generally recognizable. May the structure, in whole or in part, be preserved or restored? Page 79 of 100 File Number: Meeting Date: Page 2 of 3 Could reuse some of the interior wood however there are concerns with major termite damage which could spread if reused without treatment. See the previous response on the structural condition for required changes for restoration. May the structure be moved (relocated) without incurring any damages? No, not structurally sound (termites and single-wall const.) would not allow the structure to be relocated. Does the structure, including any additions or alterations, represent a historically significant style, architecture, craftsmanship, event or theme? Yes, as stated in the Historic Resource Survey it has a significant style, identified as “Folk Victorian” Are there any materials or unique features that can be salvaged? If so, which ones? Wood could be generally repurposed however the termite infestation could spread. Other comments RECOMMENDATION Approval Approval with Conditions: Archival with record (history, timeline) Info on style and others in the area. Disapproval Based on: Page 80 of 100 File Number: Meeting Date: Page 3 of 3 Subcommittee Chair Signature (or representative) Date Page 81 of 100 TEXAS HISTORICAL COMMISSION Properties Documented with the THC Form in 2007 and/or 1984 That Have Not Changed Preservation Priority County Williamson Local District: Address:608 W 15th St 2016 Survey ID:123882 City Georgetown 2016 Preservation Priority:High SECTION 1 Basic Inventory Information WCAD ID:R042682Property Type:Building Structure Object Site District Date Recorded 2/20/2016Recorded by:CMEC EstimatedActual Source:2007 surveyConstruction Date:1890 Bungalow Other: Center Passage ShotgunOpen2-roomModified L-plan Rectangular T-plan Four Square L-plan Irregular Plan* International Ranch No Style Post-war Modern Commercial Style Other: Pueblo Revival Prairie Art Deco Spanish Colonial Craftsman Moderne Gothic Revival Neo-Classical Mission Tudor Revival Beaux Arts Monterey Shingle Folk Victorian Renaissance Revival Romanesque Revival Colonial Revival Exotic Revival Log traditional Italianate Eastlake Greek Revival Second Empire Queen Anne Stylistic Influence(s)* Note: See additional photo(s) on following page(s) General Notes: High Medium Priority: Low High Medium Low ID:353 ID:249 *Photographs and Preservation Priority have been updated in 2016, and the year built date has also been reviewed. However, the plan and style data are sourced directly from the 2007 survey. 2007 Survey 1984 Survey Current/Historic Name None/None ID:123882 2016 Survey High Medium Low Explain:Excellent and/or rare example of its type or style, and/or has significant associations; retains sufficient integrity Latitude:30.630624 Longitude -97.682379 None Selected None Selected Page 82 of 100 TEXAS HISTORICAL COMMISSION Properties Documented with the THC Form in 2007 and/or 1984 That Have Not Changed Preservation Priority County Williamson Local District: Address:608 W 15th St 2016 Survey ID:123882 City Georgetown 2016 Preservation Priority:High Additional Photos Photo Direction Photo Direction Page 83 of 100 HISTORIC AND ARCHITECTURAL REVIEW COMMISSION HISTORIC PRESERVATION OFFICER REPORT AND RECOMMENDATION FILE NUMBER: 2019-10-COA PROPERTY ADDRESS: 608 W. 15th Street APPLICANT: Peyton Lewis, Lewis Asset Management, LLC Background This approximately .24 acre property includes a high priority structure identified on the 2016 Historic Resource Survey. It was also on the 1984 or 2007 historic resource surveys as a high priority structure. According to the 2016 Historic Resource Survey, the single story structure is estimated to have been built in 1890 and retains sufficient (architectural) integrity and is an excellent or rare example of its type or style. The 2016 survey identifies the structure as an L- plan with Folk Victorian stylistic influences. The property is not located in either of the historic overlay districts, but located in a neighborhood a few blocks west of Old Town. The applicant purchased the home last year, from a family that had owned it since the early 1970’s. The applicant considered relocation, however it has been confirmed that due to the structure and condition of the home, relocation is not an option. Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property that are located within City limits were notified of the rezoning application (13 notices mailed), and one (1) sign was posted on-site. To date, staff has not received any public comments. Findings The structure has deteriorated beyond a reasonable amount of repair and maintenance. In its current state it cannot be re-occupied. To bring it to a livable condition, the foundation would need to be leveled and the flooring replaced, the single wall construction would need to be converted to double to allow for electric/gas and plumbing. Existing gas and water plumbing pose safety issues due to the “makeshift” installation and it appears to have extensive termite damage. The property cannot inhabited or provide an alternative use in its current state. The significant amount of damage this house has incurred overtime without routine maintenance has left it in a state of disrepair. RECOMMENDATION Approval Approval with Conditions: Archival Record, See attached recommendation Disapproval Page 84 of 100 File Number: 2019-10-COA Meeting Date: April 25, 2019 Page 2 of 2 4/10/2019 FOR: Sofia Nelson, CNU-A Historic Preservation Officer Date Page 85 of 100 HIGH PRIORITY Required Optional (if  available)Page Description X Cover Page Picture of house, address, date, who  compiled report X Table of Contents X Introduction Year built, Historic Resources Survey  info, style, use  X Property Information Sheet Address, size, estimated constructuon  date, notable persons, historic  significance/features, ownership X Building History X Style Information What style, information on that type X Site Plan X Elevation Drawings Floor Plan Identify and provide basic information,  drawn plan X Existing Features/Elements X Sanborn Maps Salvage Plan X Property Survey X Historic Resource Survey X Photos Current photos (interior, exterior, drone)  & past photos X Deed History Page 86 of 100 City of Georgetown, Texas Historic and Architectural Review April 25, 2019 S UB J E C T: Consideration and review of by-laws, including the propos ed revis ion that would establis h provisions for two regular meetings per month and the attendance policy. IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Madison T homas, AI C P, Historic & Downtown P lanner AT TAC H ME N T S: Description Type Exhibit 1: 2019 HARC Bylaws Exhibit Page 87 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 1 of 8 CITY OF GEORGETOWN HISTORIC AND ARCHITECTURAL REVIEW COMMISSION BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Historic and Architectural Review Commission (“Commission” or “HARC”). Section 1.2. Purpose. a. The Commission has the power and it shall be its duty: 1. To make recommendations to the City Council on the designation of Historic Overlay Districts and Historic Landmarks; 2. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; 3. To approve or disapprove Certificates of Appropriateness; 4. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and 5. To perform any other functions requested by the City Council. See Ordinance Chapter 2.50. b. The Commission shall have the express authority to delegate review of specific projects (as defined by majority vote of the Commission) to either: 1. A Subcommittee of the Commission composed of at least three members; or 2. City Staff as designated by the City Manager. c. Any permit issued pursuant to such delegation of authority shall require the signature of the Chairman or Vice-Chairman of the Commission and any denial may be appealed to the full Commission. Page 88 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 2 of 8 Section 1.3. Delegation of a Demolition Subcommittee. a. The HARC shall appoint a Demolition Subcommittee to review and provide a recommendation to the HARC on requests for a Certificate of Appropriateness for the relocation, removal or demolition of a building or structure designated as a Historic Landmark or a contributing historic structure, in accordance with the process established in the Unified Development Code. 1. The Demolition Subcommittee shall be composed of at least three members. 2. The members of the Demolition Subcommittee shall consist of two HARC members and the Building Official. 3. Whenever possible, one of the HARC members to be appointed to the Demolition Subcommittee shall meet one or more of the following categories: 1. Licensed Architect, or 2. Structural Engineer, or 3. Historic Preservationist. b. The Demolition Subcommittee may consult with a licensed architect, structural engineer or historic preservationist to review the request, and make a preliminary report to the subcommittee. In this event, the report shall be made part of the subcommittee’s recommendation to the HARC. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be composed of not less than seven (7) Members. Section 2.2. Eligibility. a. At least two Commission Members shall be property owners in the historic Downtown Overlay District. All Commission Members shall be either registered voters of the City or owners of real property that is designated as historic, either in the City’s historic survey or with a state or federal historic designation, and located within the Downtown or Old Town Overlay Districts. Commission Members who Page 89 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 3 of 8 are registered voters must have resided within the City for one year preceding their appointment. b. Whenever possible, the Commission shall include a minimum of two Members who are property owners in the Downtown Overlay District and a maximum of two Members from each of the following categories having a demonstrated interest in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories: 1. licensed architect; 2. landscape architect, professional planner or urban designer; 3. historian or person with expertise in historic preservation; 4. developer, contractor or realtor; and 5. property owner or non-owner tenant within the Downtown Overlay District. Citizens-at-large with an interest in historic preservation or urban design shall be appointed to the Commission to fill remaining appointments. Section 2.3. Appointment of Commission Members and Commissioners-in- Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall also appoint two persons, who would be qualified to serve on HARC as Alternate Members. Alternate Members shall serve as alternates with voting privileges for any absent Commissioner. Each individual appointed as an Alternate Member shall be appointed as either Alternate Commissioner serving as a Commissioner when needed. Alternate Members shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner upon the creation of a vacancy on the Commission Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. Page 90 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 4 of 8 An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice-Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as a Chairman without a recommendation of the Mayor. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice- Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Page 91 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 5 of 8 Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice-Chairman shall perform the duties delegated to the Vice-Chairman by the Commission. The Vice-Chairman presides at Commission meetings in the Chairman’s absence. The Vice-Chairman shall perform the duties of the Chairman in the Chairman’s absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet twice a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the Director of Planning and Development or designee (as Historic Preservation Officer), the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Page 92 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 6 of 8 Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice-Chairman. In the absence of both the Chairman and Vice-Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City’s Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member’s option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for Page 93 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 7 of 8 inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Page 94 of 100 Historic and Architectural Review Commission Bylaws Revised April 2019 Page 8 of 8 ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission’s proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Commission’s approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the _____ day of ____________________, 2019. ATTEST: THE CITY OF GEORGETOWN _____ _____ Robyn Densmore Dale Ross City Secretary Mayor Page 95 of 100 City of Georgetown, Texas Historic and Architectural Review April 25, 2019 S UB J E C T: Presentation and discussion on the process and s tandards related to the Unified Development C ode HAR C approval c riteria. Madis on T homas , AI C P, His toric and Downtown P lanner. IT E M S UMMARY: S ection 3.13 of the Unified Development C ode outlines the review and approval process for modific ations , infill, signage and demolition of his toric resources both within and outs ide of the his toric districts in G eorgetown. S taff will provide the C ommis s ion an overview of the process and answer any questions of the C ommission. F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Madison T homas, AI C P, Historic & Downtown P lanner AT TAC H ME N T S: Description Type Exhibit 1- HARC Approval Criteria Exhibit Page 96 of 100 Sec. 3.13.030. - Certificate of Appropriateness—HARC Approval. A. Review Process. 1. Initiation. Initiation of a Certificate of Appropriateness to the Historic and Architectural Review Commission may be made upon application by the property owner of the affected property or their authorized agent following the established application processes and requirements of this Chapter. 2. Application Completeness. a. The applicant shall submit all of the information and materials required in the UDC Development Manual as specified on the applicable Certificate of Appropriateness checklist. b. The Historic Preservation Officer shall determine that a complete application has been submitted with all material necessary to review the Certificate of Appropriateness' conformance with applicable criteria for approval in accordance with this Code. 3. Staff Review. a. Once a Certificate of Appropriateness has been initiated and the application deemed complete, the Historic Preservation Officer shall review the application for consistency with any applicable criteria for approval. b. The Historic Preservation Officer shall prepare a report to the Historic and Architectural Review Commission. c. The Historic Preservation Officer's report shall include a recommendation for final action. 4. Responsibility for Final Action. a. The Historic and Architectural Review Commission shall review the application, the Historic Preservation Officer's report, conduct a hearing in accordance with the Historic and Architectural Review Commission's established procedures and State law, and take final action on the application within 35 days of the application hearing unless the applicant agrees to extend the time. b. An application before the Historic and Architectural Review Commission shall be considered approved by a majority vote of all members of the Historic and Architectural Review Commission. B. Criteria for Approval. The Historic and Architectural Review Commission shall determine whether to grant a Certificate of Appropriateness based on the following criteria: 1. The application is complete and the information contained within the application is correct and sufficient enough to allow adequate review and final action; 2. Compliance with any design standards of this Code; 3. Compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties to the most extent practicable; 4. Compliance with the adopted Downtown and Old Town Design Guidelines, as may be amended from time to time, specific to the applicable Historic Overlay District; 5. The general historic, cultural, and architectural integrity of the building, structure or site is preserved; Page 97 of 100 6. New buildings or additions are designed to be compatible with surrounding properties in the applicable historic overlay district; 7. The overall character of the applicable historic overlay district is protected; and 8. The Master Sign Plan is in keeping with the adopted Downtown and Old Town Design Guidelines and character of the historic overlay district. C. Additional Criteria for Approval for Building Height Exceptions. 1. Applicants requesting exceptions to the building height standards set forth in Section 4.08.020.A must submit documentation to HARC that the following standards will be met if the requested exception to the height standards is approved: a. The proposed building or addition shall not obscure views to and from the Courthouse or overwhelm or detract from views of the Town Square Historic District; b. The proposed building or addition shall be compatible with the height, scale, massing, and volume reflected in the Downtown Overlay District, and the historic character of the District; and c. The proposed building shall be an extraordinary contribution to the aesthetic and economic goals of the Downtown Master Plan. 2. The documentation required by Section 3.13.030.C.1 must include, at a minimum, the following information: a. A visual analysis that identifies: i. The extent to which the building would impact views to and from the Courthouse, and to what extent the building will be visible from four directions; and ii. How the building will relate to the context of the surrounding structures and the character of the district; and b. A summary of the conclusions of the visual analysis as to how the proposed building will impact the District, specifically the immediate surroundings. 3. HARC may grant a request for a variation in height from the standards set forth in Section 4.08.020.A only if it determines that the following goals or purposes will still be achieved: a. Views to and from the Courthouse and to and from the Town Square Historic District will be protected; and b. The character of the Downtown Overlay District and the Town Square Historic District will be defined, reinforced, and preserved; and c. The relationship of the proposed project to the existing structures in the immediate vicinity remains consistent; and d. The proposed project allows for the best utilization of redevelopment in the Downtown Overlay District and the Town Square Historic District; and e. The proposed project protects the historic buildings in the Downtown Overlay District. D. Additional Criteria for Approval of a Setback Exception. 1. The Historic and Architectural Review Commission may grant a Certificate of Appropriateness, per Section 4.08.080.D of this Code, to modify the setback standards of the underlying base zoning district for residential properties located within the Old Town Overlay District. 2. HARC may take in consideration the following in determining whether to approve a Certificate of Appropriateness for a setback exception: Page 98 of 100 a. Whether the proposed setback encroachment is solely a matter of convenience; b. Whether there is adequate room on the site to allow the proposed addition or new structure without encroaching into the setback; c. Whether the proposed setback is compatible and in context within the block in which the subject property is located; d. Whether the proposed addition or new structure will be set closer to the street than other units within the block; e. Whether the proposed structure is replacing a structure removed within the past year; f. Whether the proposed structure will replace a structure that previously existed with relatively the same footprint and encroachment as proposed; g. If the proposed encroachment is for a structure that is replacing another structure, whether the proposed structure is significantly larger than the original; h. If the proposed encroachment is for an addition, the scale of the addition compared to the original house; i. Reserved. j. The size of the proposed structure compared to similar structures within the same block; k. Whether the proposed addition or new structure will negatively impact adjoining properties, including limiting their ability to maintain existing buildings; l. Whether there is adequate space for maintenance of the proposed addition or new structure and/or any adjacent structures; and/or m. Whether the encroachment would enable existing large trees or significant features of the lot to be preserved. F. Criteria for Approval for Relocation, Removal or Demolition of a Historic Landmark or Contributing Historic Structure. 1. The Historic and Architectural Review Commission shall use circumstances or items that are unique to the building or structure proposed to be relocated, removed or demolished when reviewing the application. 2. The Historic and Architectural Review Commission shall make the following findings when considering a request for demolition or relocation of a structure: a. Loss of Significance. i. The applicant has provided information that the building or structure is no longer historically, culturally or architecturally significant, or is no longer contributing to the historic overlay district; and ii. The applicant has established that the building or structure has undergone significant and irreversible changes, which have caused the building or structure to lose the historic, cultural or architectural significance, qualities or features which qualified the building or structure for such designation; and iii. The applicant has demonstrated that any changes to the building or structure were not caused either directly or indirectly by the owner, and were not due to intentional or negligent destruction, or lack of maintenance rising to the level of a demolition by neglect; and iv. Demolition or relocation of the building or structure will not cause significant adverse effect on the historic overlay district or the City's historic resources; or Page 99 of 100 b. Unreasonable Economic Hardship. i. The applicant has demonstrated that the property owner cannot take reasonable, practical or viable measures to adaptively use, rehabilitate or restore the building or structure, or make reasonable beneficial use of, or realize a reasonable rate of return on a building or structure unless the building or structure may be demolished or relocated; and ii. The applicant must prove that the structure cannot be reasonably adapted for any other feasible use, which would result in a reasonable rate of return; or c. There is a compelling public interest that justifies relocation, removal or demolition of the structure. Page 100 of 100