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Brookings Historic Preservation Commission
August 3, 2017 Minutes
A meeting of the Brookings Historic Preservation Commission was held on Thursday, August 3, 2017 at
5:00 p.m. in City Hall. Members present: Angie Boersma, Janet Gritzner, Janet Merriman and Greg
Heiberger. Absent: Leah Brink, Jessica Garcia Fritz, Virginia James and Dennis Willert. Others present:
Shari Thornes and Laurie Carruthers.
Chairperson Boersma called the meeting to order at 5:17 p.m. A motion was made by Heiberger,
seconded by Gritzner, to approve the agenda. All present voted yes, motion carried. A motion was made
by Merriman, seconded by Heiberger, to approve the July 13, 2017 minutes. All present voted yes;
motion carried.
DISCUSSION AND OFFICIAL COMMENT ON AN 11.1 REVIEW CASE REPORT FOR 9BAR, 305 MAIN AVENUE.
Project Location: The owner’s application lists the address as 305 Main Avenue; however, the National
Register Nomination address for this property is 303 Main Avenue. It was built originally as a pool hall in
1936 by Fred Best and is designated as a contributing structure in the Brookings Commercial Historic
District. The 1988 National Register of Historic Places nomination describes it as a “one-story brick
commercial structure is of yellow toned variegated brick arranged in interesting patterns and designs.
Stone trim outlines the exterior façade that peaks in the middle. The condition of the brick is good, but
the store sign covers a large portion of the original brick.” The signage and shingle awning were later
removed. It is one of 32 structures in the District considered as Early 20th Century American Commercial
Style representing the largest architectural influence of 54 percent. The nomination characterizes the
style as “constructed of red brick in a variety of bonding patterns with a general brick-front organizational
design.”
Project Description: The owners of Cubby’s Sports Bar & Grill, 307 Main Avenue, also own the 9Bar at
305 Main Avenue and have submitted the attached application to extend their rooftop patio. Lynda
Pierce, DesignArc, submitted the application on behalf of the owner “requesting to extend the metal
railing that is currently installed on Cubby’s Sports Bar and Grill patio. The owner intends for the rooftop
of the 9Bar to function as a support space for the Cubby’s rooftop. The only material to be used on this
project would be the same metal railing as the adjacent building. Because the 9Bar and Nightclub building
parapet is taller than that of the adjacent Cubby’s property, the railing would be less visible that the
railing installed along the Cubby’s storefront. The placement of the railing in relation to the front façade
will be the same as the Cubby’s railing placement.”
The State Historic Preservation Office reviewed the application and based on the information provided,
felt the project has the potential to encroach upon, damage, or destroy historic property that is included
in the National Register of Historic Places. They have requested an abbreviated case report responding to
questions 1, 2, 5, 6, 7, 9 and 10. For item #10, they requested the Brookings Historic Preservation
Commission review and comment on the abbreviated case report within 180 days of receipt prior to
submittal to the SHPO.
As a contributing resource in the Brookings Commercial Historic District, SDCL 1-19A-11.1 outlines a
specific process, which must be followed prior to any governmental action that may harm any historic
property that is included in the National or State Register of Historic Places.
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DesignArc submitted the enclosed abbreviated case report responses and supplemental information.
Project Contact Summary:
6/20/2017 Email from DesignArc with application
6/21/2017 City notified SHPO via email
6/27/2017 SHPO requested abbreviated case report
6/27/2017 City notified DesignArc
7/9/2017 City emailed applicant regarding status of case report submittal
7/19/2017 DesignArc submitted case report
7/19/2017 City emailed DesignArc and recommended revising the case report or providing an
addendum in response to the following questions:
1) Will there be any structures built on the 9Bar rooftop?
2) How will customers be contained within the footprint illustrated in the site plan and
aerial photo? Will a wall or temporary barrier be installed on the south and west
perimeters?
Advised of BHPC meeting date and time and strongly advised that she or someone
able to respond to design questions attend the meeting.
7/20/2017 DesignArc submitted revised case report
7/28/2017 Scheduled for BHPC review on August 3rd meeting
SHPO Comments/Guidance. Generally speaking, this is the advice SHPO gives regarding rooftop
additions:
1. Rooftop additions are almost never appropriate for buildings shorter than 3-4 stories tall,
because they are highly visible when located on shorter buildings.
2. Rooftop additions should be set back from the primary elevation to reduce visibility from public
rights-of-way.
3. Rooftop additions should be only one story
4. Rooftop additions should not damage the historic building’s character-defining features.
5. Rooftop additions should be subordinate to the historic building in size and design.
6. Rooftop additions should be compatible with the massing, scale, materials, and features of the
historic building.
Commission Consideration
The Brookings Historic Preservation Commission will review and consider all of the following sources
when making its recommendations:
1. Initial Application, dated June 20, 2017
2. Abbreviated Case Report, dated July 14, 2017
3. City and state staff reports and research
4. Commission members’ research
5. Case Report Standards: http://www.cityofbrookings.org/DocumentCenter/View/2833
6. Secretary of Interior Standards for Design http://www.nps.gov/tps/standards.htm)
7. Attorney General’s Opinion: http://www.cityofbrookings.org/DocumentCenter/View/2834
8. SD 24:52:07:04 for New Construction & Additions:
http://www.cityofbrookings.org/DocumentCenter/View/2827
9. Other alternatives and supporting facts
10. Brookings Commercial District National Register Nomination:
http://www.cityofbrookings.org/DocumentCenter/View/2819
11. National Park Service Technical Standards Bulletins, to include the following:
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ITS # 36 – ROOFTOP ADDITIONS
https://www.nps.gov/tps/standards/applying-rehabilitation/its-bulletins/ITS36-Rooftop-Additions.pdf
ITS #47 – ROOFTOP ADDITIONS ON MIDSIZE HISTORIC BUILDINGS
https://www.nps.gov/tps/standards/applying-rehabilitation/its-bulletins/ITS47-RooftopAdditions-MidSizeBuildings.pdf
The applicant bears the burden of proving that the conditions for the permit have been met. They must
show absence of feasible and prudent alternatives and appropriate planning to minimize harm. The
applicant must consider all reasonable alternative plans, not just the least expensive option. The applicant
must also demonstrate that all feasible and prudent alternatives been explored. Alternative examples to
consider include, but are not limited to, the following: different use, scaling back use, relocation,
rezoning, code modification, integration into new construction, selling, or other.
Any determination of existence or non-existence of feasible and prudent alternatives must be supported
by sufficient facts. Project opponents can suggest alternatives, but those suggested alternatives must be
supported by sufficient facts to indicate they are feasible and prudent.
A proponent’s proposed use of the historic property is relevant, though not a necessary
determinative, consideration.
Alternative need not necessarily be compatible with the proposed described in the project
application (i.e. scaling back, different use, integrating old into new construction, selling).
Preservation and restoration are rarely technical infeasible, but the associated costs may be
prohibitive.
An alternative need not afford the highest or most profitable use to be prudent, but is prudent so
long as it provides some viable economic use for the projected property.
Hardship does not encompass increased restoration or rehab costs caused by an owner’s neglect
of basic maintenance and repair.
The BHPC has been asked by the SHPO to provide official comment on the case report. The Commission
may:
1) Determine insufficient information in case report to provide comment, request additional
information from the applicant and table action;
2) Determine further review of options is needed and table action;
3) Agree with the findings of the case report and provide additional comments,
4) Disagree with the findings of the case report and provide additional comments; or
5) Decline to comment on the findings of the case report.
Reminder: Members must cite reasons for recommendation to include references to other alternatives
and supporting documentation or conformance or conflict with Secretary of the Interior Standards, SD
Administrative Rules.
Thornes advised the applicant asked the Commission to table this item until September. If Commission
has questions about the application, those can be posed to the applicant to respond at the next meeting.
If the Commission is ready to proceed on the application, they can proceed as scheduled. The
Commission agreed to table the item until the September meeting and asked that the following questions
be answered prior to the September meeting.
The Commission asked the applicant to define the barrier that will be structured to the south and west.
To minimize the visual from the street, it was suggested to move the current bar 90 degrees to the west.
Will there be any structure or steps between the roofs of the 9bar to Cubby’s? Are the preliminary
drawings accurate as to the visual from the street? What are the long-term plans for the new rooftop
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space? Will there be a dance floor, umbrellas, seating (if yes, what is the height of the seating), etc.? Will
plantings be installed to soften the visual impact from the street? Thornes added that the alcohol
licensing needs to be clarified with City Council action. Thornes advised that the Commission has no
authority on any nonpermanent temporary furnishings.
PROJECT/ISSUE UPDATES & REPORTS
A. Discussion and action on the 2018 Commission meeting schedule:
Recommended dates, if meetings remain on the second Thursday at 5:00 p.m.
January 11
February 8
March 8
April 12
May 2 (Alternate Wednesday, cancel if no case reports on agenda)
June 14
July 12
August 9
September 13
October 11
November 8 (This may conflict with the Trust Conference)
December 13
B. Events/Special Projects
1) Mayor’s Awards Final Report. Attendance was incredible, including Ted Spencer from the
State Historic Preservation Office. Ideas for next year include a Facebook feature of each
winner and why to pursue preservation and rehabilitation. Invite award winners to be on
subcommittees.
2) District Plaque Installation. Gritzner advised she has had positive interaction from property
owners. However, there are four owners left to contact and she is having difficulty
connecting with them. Another member suggested utilizing the Beacon website. The HPC
needs to contact all the University District owners, 180 total. It was suggested to send a letter
to the property owner, which includes a paper photo of the plaque, asking them to email a
picture where they want the plaque to be placed by a specific date to staff. It was asked that
the letters could be separated with owner occupied vs. rentals and personal contact with
owner occupied. Meetings should be scheduled with rental property owners and companies.
3) Central District Trolley Tour. Members suggested to mail the letter out earlier and designate
a neighborhood block contact champion. The winner should have a feature ad in the Register
for the public face of a great home.
C. Liaisons:
1) Comprehensive Master Plan Advisory Committee (Boersma & Garcia Fritz)
a. Request for additional information by RDG. Nick Klimek, RDG Consultants, said he was
surprised with the number of city volunteer boards, the boards’ level of engagement, and
the scope of work. He said this is highly unusual for a city of our size. As a result, he now
has new ideas how your groups could be integrated into the Comprehensive Master
Plan. The Plan will task various groups with projects and issues; however, he now realizes
it might be something you are already working on. Therefore, he needs a comprehensive
understanding about each group to include your powers/authority,
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goals/objectives/priorities, strategic plans, work plans/timelines, and staffing. Thornes
gathered information for groups under the City Clerk’s Department and will forward his
request to other board staff for their groups. Thornes will send enabling ordinances,
adopted goals, work plans, strategic plans, recent annual reports, and anything else
pertinent.
The feedback from the Community Workshop was interesting. Community members did
not favor the unstructured open house environment. Another set of public sessions will
be held on Thursday, August 10, which will include different content. First stage was to
see what people say. They found the biggest problems in Brookings to be housing
development. Next session will discuss corridor areas and character with neighborhoods
having identities. Members suggested more structure – what is the schedule, where are
we at and a clear understanding of expectations at beginning of the workshop.
2) Downtown Brookings Inc. – Kuhl advised that the are working on the structure, but there is
no preliminary budget.
3) Public Arts Commission – Thornes advised a draft guideline outline will be reviewed at the
next meeting. They secured a consultant to review the documents. A City Council update is
scheduled at the September 12 Study Session.
D. State Historic Preservation Office (SHPO)
The next Deadwood Grant application deadline is Oct. 1, 2017. Application packets are
available here: http://history.sd.gov/Preservation/FundingOpps/DeadwoodFundOverview.pdf
State Property Tax Moratorium application deadline for 2017 work is Nov. 1, 2017.
Application packet: http://history.sd.gov/Preservation/FundingOpps/SPTMOverview2017.pdf
The 2018 history conference will be held April 27-28 in Rapid City. The program is being
organized by the Archaeology office and the theme is “Infinite Variety: Past, Present, Future.”
The 2018 CLG conference will be held May 16-18 in Vermillion, with guest speaker Donovan
Rypkema. The Clay County CLG is organizing the conference. Contact Jim Wilson or Ted
Muenster if you have any questions.
Kate & Katelyn will have a site visit.
National trust grants for Armory. List in response. Bandshell used grant. Buy back grant if
becomes private.
E. Executive Committee/Staff Updates
1) 11.1 Reviews – Information, No Action Required
a. Completed Reviews
2) Pending
3) Ordinances pertaining to vegetation and fences. Boersma requested a review of the City’s
current regulations for of hedges and fences.
Sec. 94-398. - Fences, walls and hedges.
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(a) Regulations generally. Regulations regarding fences, walls and hedges are as follows: In all
residential districts and on lots used principally for residential purposes in any business or industrial
district, privacy fencing utilizing solid board or other similarly designed fences, walls and hedges shall
not exceed 30 inches in height when located between the front lot line and the princ ipal building.
Fences with a horizontal rail design that results in 70 percent or more of open space from grade to the
top of the top rail may extend 42 inches above the adjacent grade measured from grade to the top of
the top horizontal rail. Fences and walls on any other part of a lot may not exceed six feet in height
when located within the minimum required setback area. The height of such walls and fences shall be
determined by measurement from the ground level at the lowest grade within three feet of e ither side
of such fence or wall.
(b) Exceptions.
(1) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street
address of a lot abutting an arterial street where:
a. The lot is a double frontage lot; and
b. The lot is not adjacent to an alley which accesses onto the arterial street; and
c. The lot is not a corner lot; and
d. No driveways exit onto the arterial street; and
e. The fence, wall or hedge is set back four or more feet from the front property line.
(2) Fences, walls and hedges up to six feet in height may be placed in a front yard opposite the street
address of a lot abutting a local or collector street where:
a. The lot is a double frontage lot; and
b. The fence, wall or hedge meets the minimum required setback of the district the lot is located in.
(c) In all business districts, fences up to eight feet in height may be erected within 20 feet of any front
property line and up to any side or rear property line. Exception: Fences shall not be erec ted between
a lot line and any areas required to be landscaped. This provision shall not prohibit the screening of
outdoor storage of materials and inventory as required by other sections of this chapter.
(Ord. No. 21-03, 8-26-2003; Ord. No. 06-10, § 1, 2-23-2010)
Boersma and Thornes have been asked by community members about the ordinance regarding
hedges and fences. Thornes advised that if there is historic record for the landscaping then they would
qualify under historic review. Examples include Sylvan Theater, the Courthouse green and Presidential
Gardens. David Jones lives in a house designed by Spitznagel, which also includes historic landscaping
designed by Franz Lip, a landscape architect. Their hedge was designed specifically as well as trees and
plantings. Jones is working with SHPO to clarify and this might become a historic issue. Code
Enforcement is stating the ordinance is a safety issue. Jones is also stating it is a safety issue for his
family.
4) 6th Street Rezoning. The Planning Commission approved the rezoning request from a
Residence R-2 Two-Family District to a Planned Development District for a portion of the
1100 block of 6th Street at its July 11th meeting. However, the Initial Development Plan,
which included the removal of six residential homes, failed. The applicant was proposing to
re-develop the property into a 52,185 square foot mixed use center. The 48-foot high
building would be four (4) stories and includes predominately commercial space on the first
floor with efficiency and one (1) bedroom residential units on the second, third, and fourth
floors. The proposed building contains 4,800 square feet of commercial space, 71
apartments, and a drive-thru that will exit to 12th Avenue. Community Development staff
anticipate the proposal will be modified and resubmitted.
Planning Commission July 11 Agenda
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Rezoning Agenda Item
5) 2016/2017 Grant Closeout. The BHPC’s National Park Service 2016/2017 (6/1/16-7/31/17)
grant in the amount of $19,621 has been closed out and mailed to the State Historic
Preservation Office for review and final processing. No action is required.
6) Section 106 Review; review materials online. The Federal Section 106 regulations, citizen
guide, acronym list, flow chart, and project review form are now available on the BHPC
website: http://www.cityofbrookings.org/index.aspx?NID=524
7) Announcements/Correspondence/Communications/Calendar
Aug 3 BHPC Meeting, 5 pm
Sept 13-17 Preserve MN Annual Statewide Preservation Conference, Albert Lee
Sept 14 BHPC Meeting, 5 pm – finalize as soon as possible to provide adequate public notice.
Oct 3-4 Growing Sustainable Communities Conference, Dubuque
Oct 12 BHPC Meeting, 5 pm
Nov 9 BHPC Meeting, 5 pm
Nov 14-17 National Trust for Historic Preservation Conference, Chicago
Nov 30 Trolley Tours – Festival of Lights
June 2018 Preserve Iowa Summit, date & location pending
Dec 7 Mayor’s Holiday Party
Dec 14 BHPC Meeting, 5 pm
April 27-28, 18 State History Conference, Rapid City
May 3, 2018 City Volunteer Appreciation Reception, 5-7 pm, McCrory Gardens
May 16-18, 2018 South Dakota Statewide CLG Conference, Vermillion, Donovan Rympkema Keynote
June 16-18, 2018 St. Paul’s Episcopal 100th Anniversary Event -
July 18-22, 2018 NAPC Forum, Des Moines
Nov 2018 National Trust Conference, date & location pending
Thornes and members provided the following updates:
501 Main Avenue is being renovated and owner is working with staff. This building is
a non–contributing, but the owner wants to maintain the historic structure.
The rammed earth report has been received and they would like move forward with
ideas.
Street lighting replacement in Central District is being proposed with acorn lights.
Property owners would be responsible for the upcharge.
June 16-17, 2018 – St. Paul’s Episcopal Church 100th Anniversary. Gritzner advised
they are coordinating tours with three other local churches. It was suggested to have
an open house format so people can come and go and have a social/reception at the
end.
ADJOURNMENT
A motion was made by Merriman, seconded by Heiberger, to adjourn at 6:42 pm. All present voted yes,
motion carried.
Submitted by Laurie Carruthers