HomeMy WebLinkAboutBHPCMinutes_2014_05_151
Brookings Historic Preservation Commission
May 15, 2014 Minutes
A meeting of the Brookings Historic Preservation Commission was held on Thursday, May 15, 2014 at
4:00 p.m. in City Hall. Members present: Leah Brink, Mary Bibby, Dennis Willert and Les Rowland. Tom
Agostini and Janet Gritzner were absent. Holly Fetzer-Fickler resigned and is moving to Minneapolis.
Shari Thornes, City Clerk, was also present.
Chairperson Rowland called the meeting to order at 4:05 p.m. A motion was made by Bibby, seconded
by Brink, to approve the agenda. All present voted yes, motion carried.
Next meeting: Thursday, June 5th @ 4:00 p.m.
CENTRAL RESIDENTIAL HISTORIC DISTRICT
11.1 Review - 912 6th Street. Tom Bozied (Cokato), owner of 912 6th Street, has applied for a
demolition permit for the residence and garage located on this property. The buildings located in the
Brookings Central Residential Historic District, but are noncontributing structures. The owner plans to
remove the structure in order to construct a 40 foot expansion to his gas station/convenience store
located to the east. The design will be similar to the existing commercial structure with access to the
rear car wash provided on the west lot line.
The Commission tabled action at the last meeting until the following information could be provided:
additional information on the new structure design, clarification on the setback and variances required
including landscaping and pictures.
Bozied provided the following landscaping plan, noting it would include two trees, bushes and grass
along the border, but no fences.
Bozied submitted the following statement on consideration of other possible uses for the property. “It
has been suggested that the structure could be used as a chiropractors office. In considering the needs of
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the property the first thing I think of is the parking. The parking that would be available is alley which is
possible but not practical. When I built the convenience store the neighbors were concerned with alley
access and we have done our best to control access. There is no parking or access from the front that
would not interfere with the Convenience store.
I believe other uses such as small retail or coffee shop would only be less desirable as the need for
parking and accessibility would be larger.
I am unable to use the home for a rental as it is a nonconforming use for the commercial zoning and
when it has not been used as a rental for 1 year it cannot be used as a rental again.”
ACTION: A motion was made by Bibby, seconded by Brink, to accept the findings of the case report,
with the stipulation the property be advertised as available to move for a minimum of 30 days
(commencing on June 1) and, if someone wants the house, a minimum of 60 additional days be provided
to move the house off-site (not later than September 1). Further, the BHPC finds the landscaping plan
as presented with two trees, grass and a hedge of 6’ minimum height, in compliance with SD
Administrative Rule 24:52:07:04(11). Lilacs were suggested as the bush species. Further, the proposed
building addition incorporate compatibility of design of the existing structure to include similar
materials, setting, roof pitch, color, scale, size, massing, and dimensions. BHPC to review the plans if
not consistent as proposed. Discussion: Bozied objected to the timeline. However, members felt that
a minimum of 60 days may be needed to move the structure. It was clarified that Bozied would be free
to remove the house if no one showed an interest in the first 30 days. On the motion, Brink, Bibby,
Rowland voted yes; Willert voted no; motion carried.
11.1 Review - 824 5th Street. Diane and Dave Kosbau applied for a building permit to build a one-story
sunroom addition on south façade of the house. The proposed addition will be compatible in design and
proportion with the existing house and the width will not exceed the width of the primary structure.
The owners plan to use like materials of wood ornamentation and cedar siding to match the existing
structure.
Thornes reported the SHPO issued a final determination of no adverse effect on May 8, 2014 and no
further action is required on this project.
COMMERCIAL HISTORIC DISTRICT
Public Right-of-way Request – 225 Main Avenue. Les Rowland, representing the Masonic Temple,
submitted a request to allow the construction of a bottom step and side handrails at Main Avenue
entrance of the Masonic Temple at 225 Main Avenue. The step and handrails would extend beyond
the face of the existing building into the public right-of-way 11 inches. The reasons for the request are
as follows:
1) In keeping with the historical photos as much as possible; the original steps to the building
extended into the public right-of-way.
2) Extending the bottom step into the public right-of-way provides for more upper landing distance
from the edge of the top step to the door.
3) Extending the pipe railing into the public right-of-way also provides for an easier transition of
the handrail for those that require assistance when using the steps.
Rowland provided a historical photo and the following drawing of the proposed step and railings.
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Thornes said according to Resolution No. 68-04, the BHPC is to provide official comment to the City
Council regarding the architectural compatibility of any requests to build in the public right-of-way when
it pertains to a historic structure. Res. 68-04 (8). Materials used to build the structure in the public right-
of-way, as well as its height, proportion, and scale, shall be architecturally compatible with the principal
building and adjacent buildings. The Brookings Historic Preservation Commission shall promptly review
the architectural compatibility of the proposed structure and provide official comment to the City Council
(City of Brookings Code of Ordinances Chapter 46, 10-97 (a) (b)).
She noted that the Commission needs to consider all of the following sources when making its
recommendations: Secretary of Interior Standards for Design, State’s Administrative Rules, and
Resolution No. 68-04.
ACTION: A motion was made by Brink, seconded by Willert, to recommend approval, citing the
proposed design is architecturally compatible with the existing historic structure. All present voted yes;
except Rowland abstained; motion carried.
UNIVERSITY RESIDENTIAL HISTORIC DISTRICT
11.1 Review - 625 6th Avenue. Ryan Mokrzycki has applied to construct a 24’ x 28’ detached garage at
the rear of the property with alley access. Siding materials will either be wood clapboard or hardy
board. The owner wants to complete the project by September 1st. This review is pending SHPO
response.
11.1 Review – 929 9th Avenue. Greg Pearson is proposing to build an enclosed entrance on the west
side of the home. He also wants to relocate the existing garage on the lot. This review is pending SHPO
response.
Review and possible action to approve a Memorandum of Understanding for the 11.1 Review Process.
Since the April meeting, the City Attorney and State Historic Preservation Office have provided
additional comments and review.
ACTION: A motion was made by Willert, seconded by Bibby, to recommend approval of the
Memorandum of Understanding between the City of Brookings and the State Historic Preservation
Office, with the following amendments as noted below. All present voted yes; motion carried.
Memorandum of Agreement between
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The State of South Dakota and The City of Brookings, South Dakota
This Agreement is made by and between the City of Brookings, South Dakota, a South Dakota
municipality, (hereinafter referred to as "City'') and the State Historic Preservation Office, South Dakota
State Historical Society, Department of Tourism (hereinafter referred to as "Office").
WHEREAS, the Office is required by SDCL 1-19A-11.1 and the regulations promulgated thereunder to
investigate and comment on projects that will encroach upon, damage, or destroy any Historic Property
included in the National or State Registers of Historic Places; and
WHERAS, the City requires the issuance of building, moving, and demolition permits (“Project”) for all
buildings, including Historic Property, pursuant to Chapter 46 of the Brookings Code of Ordinances; and
WHEREAS, this Agreement replaces any previous agreements regarding SDCL 1-19A-11.1 made between
the City and the Office;
NOW THEREFORE, the City and the Office, pursuant to SDCL Ch. 1-24, which permits the joint exercise of
governmental powers, and in consideration of the mutual covenants and agreements provided herein,
agree as follows:
SECTION 1: DEFINITIONS
The following definitions apply when used in this agreement:
"Adverse Effect" means any Project that will encroach upon, damage, or destroy any Historic
Property by an action or condition which threatens the historical integrity of a Historic Property;
"City" means the City of Brookings, South Dakota, including its agent, the Historic Preservation
Commission;
"Commission" means the City of Brookings Historic Preservation Commission;
“Contributing” means any building, site, structure, or object that is described as “contributing”
to the listing of a Historic Property, which description is contained in the documentation on file
with the National Park Service or the Office supporting the listing of any Historic Property on
the National Register or State Register;
“Covenant” means a Restrictive Covenant and Declaration of Preservation Restrictions held by
the Office on a Historic Property;
"Demolition" means the complete or partial removal of a Historic Property;
"Environs" means the area surrounding Historic Property. In Brookings, the Environs includes
any property or portion thereof located within 50 feet of Historic Property. The measurements
of streets, alleys, and other public rights-of-way shall not be counted as part of the 50 foot zone.
In cases where the City believes a project is unusually significant, the City will notify the
Commission and the Commission will determine whether there is justification for expanding the
environs;
“Historic District” means any district listed in the National Register or State Register;
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"Historic Property" means any building, site, structure, object, or district listed in the National
Register or State Register;
"National Register" means the National Register of Historic Places created by the National
Historic Preservation Act of 1966 as amended;
“No Adverse Effect” means any project that does not encroach upon, damage, or destroy any
Historic Property, or any action or condition which does not threaten the historical integrity of a
Historic Property;
"Office" means the State Historic Preservation Office, South Dakota State Historical Society,
Department of Tourism;
“Project” means an activity, permit, plan, or action, including restoration or rehabilitation, which
affects or may affect the physical structure or physical setting of a Historic Property;
"Standards" means the standards adopted in ARSD 24:52:07:02 and 24:52:07:04, and the
Secretary of the Interior's Standards for the Treatment of Historic Property, revised 1995,
National Park Service, U.S. Department of the Interior; and
"State Register'' means the State Register of Historic Places created by SDCL 1-19A-5.
SECTION 2: PURPOSE & GENERAL RESPONSIBILITIES
1) It is the responsibility of the City under SDCL 1-19A-11.1 to submit to the Office for review all
Projects which will affect Historic Property or the Environs of Historic Property, except as
exempted in Section 3 of this Agreement.
2) The City will maintain an accurate and current map showing the location of Historic Property
within the jurisdiction of the City including maps of the boundaries of Historic Districts.
3) The City will maintain and keep current, a list of Historic Properties within Brookings upon which
a Covenant is held by the Office. The Office agrees to provide this information to the City
annually.
4) The City will abide by the Standards when conducting maintenance, repair, and rehabilitation
work on City-owned Historic Property.
5) The Office will provide training opportunities for City personnel and Commission members in
historic preservation issues and topics at least once per year.
SECTION 3: PROJECTS EXEMPTED FROM REVIEW UNDER SDCL 1-19A·11.1
For the purposes of this Agreement, the Office recognizes that the following Projects will have No
Adverse Effect on Historic Property and that the City is not required to submit the following Projects to
the Office for review under SDCL 1-19A-11.1:
1) The issuance of building permits for interior construction within a Historic District, with the
exception of permits issued for any City- or county-owned Historic Property, provided the City
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provides owners of historic buildings making application for such permits with the Standards
and information about State and federal tax incentives for Projects that will meet the Standards;
2) The issuance of building permits that involve repair of original historic material, or replacement
of existing material in-kind. All repair work must meet the Standards, and all replacement
material must match the existing in size, dimension, profile, location, color, texture, material,
and other visual qualities;
3) The installation and maintenance of traffic control devices including, but not limited to, stop
signs, yield signs, and traffic signals;
4) Maintenance, repair, or replacement of underground City utilities within the public rights-of-
way within Historic Districts. The City and the Office agree that this exemption does not apply
to infrequent, large-scale reconstruction projects that are not part of the City's normal
maintenance and repair program;
5) Maintenance, repair, or replacement of above-ground City utilities within the public rights-of-
way within Historic Districts. The City and the Office agree that this exemption does not apply
to infrequent, large-scale reconstruction projects that are not part of the City's normal
maintenance and repair program;
6) Maintenance or repair of City-owned Historic Property provided that such maintenance or
repair projects meet the Standards. Maintenance or repair includes non-abrasive washing,
waxing, repainting, replacement of exhausted utility elements such as light bulbs, the care of
lawns and other greenery, and other activities which do not materially alter or destroy the
physical elements of the Historic Property;
7) The operation and maintenance of City parks in which Historic Properties are located, and
projects in City parks meeting the conditions of Item 6 above;
8) Routine maintenance, repair, and repaving of roadways. The City and the Office agree that this
exemption does not apply to reconstruction of roadways;
9) Paving, maintenance, and repair of existing alleys, sidewalks, driveways, and parking areas that
do not change any horizontal dimensions, and excluding any features listed in the National
Register or State Register, particularly as elements of a Historic District.
SECTION 4: PROJECTS REQUIRING REVIEW UNDER SDCL 1-19A-11.1
The City and the Office recognize and agree that the Projects listed below will potentially have Adverse
Effects on Historic Properties and must be submitted to the Office for review under SDCL 1-19A-11.1,
after the Commission has reviewed and commented on the Projects:
A. If the Commission determines that the Project will have No Adverse Effect to Historic Properties, the
City will provide notice to the Office of the Commission’s finding of No Adverse Effect by email, by
facsimile transmission, by courier, or by U.S. Mail. The Office must notify the City of its objection to
the Commission’s finding of No Adverse Effect within three business days after receipt of the
Commission’s finding. The Office's notification of objection may be served to the City by email, by
facsimile transmission, by courier, or by U.S. Mail. Failure of the Office to respond within three
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business days after receipt of the Commission’s finding will mean that the finding of No Adverse
Effect will stand. If the Office objects to the Commission’s finding of No Adverse Effect within three
business days after receipt of the Commission’s finding, the Project must be submitted to the Office
for review under SDCL 1-19A-11.1.
B. If the Commission determines a Project will have an Adverse Effect on Historic Properties, the City
will provide notice to the Office of the Commission’s finding of Adverse Effect by email, by facsimile
transmission, by courier, or by U.S. Mail. If the Office concurs with the Commission’s finding of
Adverse Effect, the Project must be submitted to the Office for review under SDCL 1-19A-11.1. If the
Office objects to the Commission’s finding of Adverse Effect and recommends a finding of No
Adverse Effect, the City shall determine under SDCL 1-19A-11.1 whether to allow the Project to
proceed.
1) The issuance of demolition permits for projects involving Historic Properties or within the
environs of Historic Properties;
2) The issuance of moving permits for projects involving Historic Properties or within the environs
of Historic Properties;
3) The issuance of building permits for any exterior alteration to a Historic Property that is not
exempted under Section 3 of this Agreement;
4) The issuance of building permits for the construction of features located on the roof of Historic
Properties which would be visible from the street;
5) The issuance of building permits that alter the roofline of Historic Properties;
6) The issuance of building permits for Projects on Historic Properties upon which a Covenant is
held by the Office; and
7) Action to rezone historic properties.
SECTION 5: ADDITIONAL CONSIDERATIONS
The Commission may refer any Project otherwise exempted from review in Section 3 to the Office for
formal review and comment if, in the opinion of the Commission, the Project may have an Adverse
Effect on Historic Property.
SECTION 6: COVENANTS
1) This Agreement will be effective for five (5) years from the date of the last signature, and may,
upon written agreement of the City and the Office, be extended for additional five (5) year
terms;
2) Notwithstanding any of the provisions of this Agreement, this Agreement depends upon the
continued availability of appropriated funds and expenditure authority. This Agreement will be
terminated if either the Legislature of the State of South Dakota or the City fails to appropriate
funds or grant expenditure authority to the Office or the City to carry out the functions
encompassed by this Agreement. Each party shall provide the other party with thirty (30) days
written notice that appropriations or expenditure authority have not been provided, and this
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Agreement shall terminate at the end of that thirty (30) day notice period. If a party is not
provided with notice of funding termination in a timeframe that would allow thirty (30) days
notice, notice will be provided as soon as possible;
3) This Agreement, any part hereof, and the benefits to be received hereunder, shall not be
assigned, transferred, or otherwise disposed of to any person, firm, corporation, or other entity;
4) This Agreement may not be modified or amended except in writing, and Amendments shall be
expressly identified as part of this Agreement and signed by the City and the Office;
5) This Agreement shall be governed and construed in accordance with the laws of the State of
South Dakota;
6) The parties declare that no separate entity as contemplated in SDCL Ch. 1-24 is being created to
implement this Agreement, and that the cooperative undertaking herein described shall be
administered by the representative parties and the authorized designees as contemplated in
SDCL 1-24-5;
7) This Agreement and the covenant herein contained shall inure to the benefit of and be
obligatory upon the legal representative, agents, employees, successors-in-interest, and assigns
of each of the parties; and
8) Pursuant to SDCL 1-24-6.1, the Office shall file a copy of this Agreement with the Attorney
General and the Legislative Research Council not more than fourteen (14) days after it is
executed.
SECTION 7: SIGNATURES
This Agreement does not contemplate the payment of any money, or transfer of any funds of any
nature, from the Office to the City for the responsibilities undertaken by the City under this Agreement.
This Agreement is effective upon execution by both parties to this Agreement.
In witness whereof, the parties have executed this Agreement on the dates set forth below.
Jeff Weldon, City Manager Date
Jay D. Vogt, Director Date
State Historic Preservation Office
South Dakota State Historical Society
ATTACHMENT #1
Flowchart of Review for Historic Preservation
A project affecting a historic property may require a thorough review by up to three entities prior to a
permit being issued. The chart below depicts the review process. A determination of a project being “a
non-adverse impact to historic property” by any entity the BHPC or SHPO will result in the approval of
the permit.
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Mayor’s Awards for Historic Preservation. Members were asked to submit nominations for the 2014
Mayor’s Awards. Closing date is May 30th. The BHPC will discuss nominations at its June meeting.
Election of Vice Chair. Holly Fetzer-Ficker, current vice-chair, has accepted a position in Minneapolis
and will be moving yet this month. This position is effective through January 2015. A motion was
made by Willert, seconded by Bibby, to nominate Leah Brink as vice-chair. All present voted yes;
motion carried.
Vacancy. The Commission vacancy is currently being advertised. Three applications have been
received to date. The Mayor will make an appointment recommendation to the City Council. Thornes
anticipates the appointment will be done at the June 10th Council meeting.
PROJECT & ISSUE UPDATES:
Bob Yapp Workshop. Thornes said the workshops and presentations were fantastic. Unfortunately,
the exterior wood restoration workshop and paint workshops did not completely fill. However, the
observers ended up participating because there was room. The window workshop was completely full.
The home owners and participants seemed very satisfied with the experience. Several spent all four
days in Brookings. There were participants from Vermillion, Huron, Sioux Falls, Watertown, Aberdeen,
Pierre, Lake Benton, and Brookings.
Greenfest and the Sunday classroom sessions at the McCrory Gardens Visitor Center were not well
attended, with approximately 60 present.
BHPC members were provided with copies of Yapp’s handouts. Pictures of the events were sent via
email.
Yapp requested a letter of recommendation from the City. Thornes asked for a volunteer.
Thornes said she wouldn’t hesitate in organizing another event in Brookings or the region.
She noted that Yapp also develops preservation plans and design guidelines for communities.
Volunteer Coffee with Mayor. Rowland and Brink are attending the May 16th coffee with the Mayor
and they will provide a report at the next meeting.
6th Street (Main to Medary) Project. Rowland and Thornes attended the April 28th public hearing
hosted by the State Department of Transportation. The hearing was very well attended and there was
overwhelming opposition to the proposed widening. May 12th was the final date to submit written
comments to the SDDOT.
“Now You See It” Column. Gritzer has a submission ready for May.
PRESERVATION PARTNERS:
State Historic Preservation Office (SHPO)
• April 24th training. On April 24th, Kate Nelson and Jennifer Brosz provided training on the Secretary
of Interior Standards for Rehabilitation and Adverse Effect. Brink, Rowland, Gritzner, Willert, Bibby
and Thornes attended. The training was also recorded for viewing by absent and new members.
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• Statewide CLG Meeting – May 29th. Willert, Bibby, Gritzner, and Thornes will be attending this
meeting.
Staff is planning to discuss the following draft legislation change to 1-19B-3, pertaining to
composition of preservation commission--Residence--Terms of office. The Historic Preservation
Commission shall consist of not less than five nor more than ten members, who shall be appointed
by the governing body with due regard to proper representation of such fields as history,
architecture, urban planning, archaeology, paleontology, and law. All members of the commission
shall reside within the jurisdiction of the county or municipality establishing the commission and
shall serve for terms not to exceed three years, being eligible for reappointment as shall be specified
by the governing body. Residency requirements shall be as specified by the governing body.
Announcements/Correspondence/Communications/Calendar
May 8 & 16 Volunteer Coffee with Mayor Reed
May 13th Mayoral Proclamation @ City Council Meeting
May 29 Statewide CLG meeting – Pierre, SD
July 16-20 National Alliance of Preservation Commissions, Philadelphia
Nov 10-14 National Trust for Historic Preservation, Savannah, GA
Meeting adjourned at 5:31 p.m.
Submitted by Shari Thornes