[Historic Preservation Appeals Board on May 6, 2024.]
[00:00:18]
I'M JD BARTEL, CHAIR OF THE HISTORIC PRES, UH, PRESERVATION APPEALS BOARD, AND I'M CALLING THIS MEETING TO ORDER.THIS BOARD CONDUCTS MEETINGS AT THE CITY HALL ANNEX AT 900 BAGBY.
UH, THERE IS NO LONGER A VIRTUAL PARTICIPATION OPTION.
UH, STAFF IS EVERYTHING FUNCTIONING IN THE CONNECTIONS AND YES, SIR.
BOARD MEMBERS, PLEASE UNMUTE YOURSELF AND RESPOND BY REPEATING YOUR NAME AND SAYING, PRESENT OR PRESENT VIRTUALLY WHEN I CALL YOUR NAME.
LIBBY VIRA BLAND WILL BE ABSENT.
UH, INTERIM DIRECTOR JENNIFER OSLO PRESENT.
I AM THE CHAIR AND I DO NOT HAVE A REPORT, OR I DO, I DON'T HAVE A REPORT, BUT I'D LIKE TO COMMENT ON HOW THIS MEETING WILL RUN IN PERSON.
ALL SPEAKERS ARE ALLOWED TO, ARE ASKED TO FILL OUT A SPEAKER REQUEST FORM, TURN IT INTO THE FRONT DESK, AND EACH SPEAKER WILL BE HEARD IN PERSON.
HISTORIC PRESERVATION OFFICE STAFF WILL OPEN WITH A BRIEF INTRODUCTION TO THE APPEAL THAT IS BEFORE THE BOARD.
THE APPLICANT OR THEIR REPRESENTATIVE WILL BE NEXT AND WILL BE GIVEN A REASONABLE TIME TO MAKE YOUR PRESENTATION.
I WILL THEN CALL ON ANY SPEAKERS IN THE ROOM WHO WISH TO MAKE COMMENTS.
WRITTEN COMMENTS WILL ALSO BE ENTERED INTO THE RECORD BY STAFF.
THE APPLICANT MAY HAVE TIME FOR REBUTTAL IF DESIRED.
BOARD MEMBERS MAY HAVE QUESTIONS FOR SPEAKERS, WHICH WILL NOT COUNT AGAINST THE TIME ALLOTTED FOR SPEAKING.
UH, MAY I CALL FOR THE DIRECTOR'S REPORT? THANK YOU, MR. CHAIR.
UM, GOOD MORNING BOARD MEMBERS.
I'M JENNIFER OSLAND, INTERIM DIRECTOR OF THE PLANNING AND DEVELOPMENT DEPARTMENT, UM, AND SECRETARY OF THIS BOARD.
UM, ALL I HAVE TODAY IS, UH, LAST MONTH WE HAD A TRAINING SCHEDULED, AND I APOLOGIZE THAT WE HAD TO CANCEL IT, UM, AT THE LAST MINUTE, BUT WE ARE, UH, WORKING ON RESCHEDULING THAT, SO YOU CAN LOOK FORWARD TO SOME TRAINING IN THE NEXT COUPLE MONTHS PROBABLY.
UM, IF ANYONE HAS ANY QUESTIONS ABOUT, UH, THE BUSINESS OF THIS BOARD OR THE HIS, UH, HOUSTON ARCHEOLOGICAL AND HISTORIC COMMISSION, YOU CAN CALL THE HOUSTON OFFICE OF PRESERVATION HOTLINE AT 8 3 2 3 9 3 6 5 5 6 OR VISIT OUR WEBSITE@HOUSTONPLANNING.COM.
SORRY, THAT CONCLUDES MY REPORT.
UM, PRIOR TO THE MEETING, UH, PRIOR TO THIS MEETING, THE MEETING MINUTES WERE POSTED WITH THIS AGENDA.
MAY I HAVE A MOTION AND A SECOND TO ACCEPT THESE MINUTES? MOTION SECOND HELLER.
THE NEXT ITEM, ITEM ON THE AGENDA IS, UH, THE ADOPTION OF SPEAKERS, GUIDELINES AND PROCEDURES.
MR. MR. CHAIR? I CAN SPEAK TO THOSE.
UM, WE REVISED THE, THE PROCEDURAL GUIDELINES JUST TO TAKE OUT THE VIRTUAL OPTION, UH, LANGUAGE.
SO IT'S JUST A, YOU KNOW, REALLY HOUSEKEEPING TYPE OF, OF CHANGES TO THE, TO THOSE TO GO BACK TO WHAT WE HAD PREVIOUS TO COVID.
DO I HAVE A MOTION AND A SECOND TO ACCEPT THE, THE SPEAKER'S RULES.
MOTION ADMINISTER ELLIOT SECOND.
UM, THE NEXT ITEM ON THE AGENDA IS CONSIDERATION OF AND POSSIBLE ACTION ON AN APPEAL OF THE DECISION OF THE HOUSTON ARCHEOLOGICAL AND HISTORICAL COMMISSION ON MARCH 14TH, 2024 FOR A CERTIFICATE OF APPROPRIATENESS FOR 85 30 GLEN VALLEY DRIVE IN BROOK VALLEY HISTORIC DISTRICT.
MAY I HAVE THE STAFF REPORT? GOOD MORNING CHAIRPERSON AND MEMBERS OF THE BOARD.
THIS IS STAFF PERSON SAMANTHA DELEON.
I SUBMIT ITEM ONE AT 85 30 GLEN VALLEY DRIVE IN THE GLEN BROOK VALLEY HISTORIC DISTRICT
[00:05:01]
FOR YOUR CONSIDERATION.ON JANUARY 9TH, 2024, THE APPLICANT RECEIVED A 3 1 1 COMPLAINT FOR CONSTRUCTION WITHOUT A PERMIT OR A CERTIFICATE OF APPROPRIATENESS.
AFTER AN INSPECTION, AN INSPECTOR OBSERVED THAT THE WINDOWS, FRONT DOORS AND GARAGE DOORS HAD BEEN REPLACED AND THE ROOF HAD BEEN REROOFED AND THE HOME HAD BEEN REPAINTED, OR IT WAS UN UH, UNPAINTED MASONRY HAD BEEN PAINTED.
APPLICANT APPLIED FOR A CERTIFICATE OF APPROPRIATENESS ON FEBRUARY 1ST, 2024.
ON MARCH 14TH, 2024, THE HOUSTON ARCHEOLOGICAL AND HISTORICAL COMMISSION VOTED TO ISSUE A COR FOR WORK COMPLETED WITH THE, EXCEPT WITH THE EXEMPTION THAT THE PAINT BE REMOVED FROM THE HOME.
THE APPLICANT FILED A NOTICE OF APPEALS ON MARCH 19TH, 2024 DUE TO FINANCIAL HARDSHIP AND IS REQUESTING THAT HER HOME REMAIN UNPAINTED OR REMAIN PAINTED CHAIR AND MEMBERS OF THE COMMISSION.
THE APPLICANT WILL BE HERE VERY SHORTLY.
I AM ALSO AVAILABLE FOR ANY, ANY QUESTIONS, AND THIS CONCLUDES MY PRESENTATION.
SHE'S STUCK ON THE FIRST FLOOR, SO SHE IS IN THE BUILDING.
SHE JUST WENT UP TO THE GROUND FLOOR.
SHE CALLED ME RIGHT BEFORE I WENT DOWN.
AND SHE'S HEADED DOWN HERE? YEAH.
BUT SHE'S IN AT CITY HALL ANNEX.
SO DO, DOES, DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF WHILE WE ARE WAITING FOR HER TO ARRIVE? MR. HAS THERE BEEN ANY OTHER INFORMATION THAT'S BEEN RECEIVED? BATHROOM? YES.
SO, UH, THE APPLICANT DID SHARE A PICTURE WITH ME, UH, DATED THAT THE, UH, A PICTURE OF THE HOME IN NOVEMBER, UH, SHOWING THAT THE HOME WAS PAINTED.
UM, SHE DID NOT MOVE IN UNTIL DECEMBER.
SO, UM, HER WHOLE, UM, BASIS ON THE APPEALS, OTHER THAN THE FINANCIAL HARDSHIP WAS THAT THE HOME WAS ALREADY PAINTED PRIOR TO HER PURCHASING IT.
UH, GOOGLE MAPS DOES NOT SHOW NECESSARILY WHEN THE HOUSE WAS PAINTED EXACTLY, BUT REGARDLESS, THE 3 0 1 COMPLAINT WAS FILED IN JANUARY AND THE PAINTING HAPPENED AT LEAST A FEW MONTHS BEFORE THEN.
AND THEN THE APPLICANT IS HERE NOW, AND I BELIEVE THAT SHE HAS A STATEMENT READY TO GIVE.
UM, IF YOU WOULD LIKE TO COME UP, UH, AND SPEAK, PLEASE STATE YOUR NAME INTO THE MICROPHONE BEFORE.
SHE'S ASKING FOR ME TO READ THIS ON HER BEHALF.
DEAR MEMBERS WHO ARE A PART OF THE CASE, HAVE A GOOD MORNING.
THE REASON FOR WRITING THIS TEXT IS BECAUSE I DO NOT SPEAK ENGLISH WELL, I'M WRITING TO YOU THROUGH THIS MEDIUM TO ASK THAT YOU PLEASE UNDERSTAND WHY AND HOW THE HOUSE ENDED UP BEING PAINTED SINCE, WAS, SINCE IN THE FIRST PLACE.
I DID NOT MAKE ANY MODIFICATIONS TO IT, AND AT THE MOMENT, I DO NOT HAVE ENOUGH RESOURCES TO BE ABLE TO CHANGE ITS COLOR.
IF THERE IS ANYTHING I CAN DO TO LET IT STAY LIKE THIS AND, AND HAVE IT BE WITHIN MY REACH, I PLEASE ASK YOU TO APPROVE ME.
LEAVING IT AS IS, SINCE IT IS NOT THE ONLY ONE IN THE NEIGHBORHOOD PAINTED THAT COLOR, I HAVE EVIDENCE OF OTHER HOUSES THAT ARE MOSTLY PAINTED AND WITHOUT EXCEPTION, NONE OF THEM ARE THE SAME COLOR AS THE ONE I'M LIVING IN.
ARE THERE ANY QUESTIONS FOR THE PROPERTY OWNER? WHAT IS HER NAME FOR THE RECORD, PLEASE? UH, FLO ES? YES, FLO.
I DON'T REALLY HAVE ANY QUESTIONS AND I JUST
I DON'T THINK THAT'S A, THAT'S AN ISSUE WHATSOEVER.
UM, IT'S ABOUT PAINTING BRICK, HOWEVER, WHEN I WAS READING THROUGH THIS, IT WAS EITHER THEY BOUGHT IT IN THAT CONDITION, SO WE'RE TRYING TO PUNISH SOMEONE ELSE FOR THE SINS OF ANOTHER, BASICALLY IS WHAT THE COMMISSION HAS TRIED TO DO AND APPLYING RULES AGAIN TO A NON-CONTRIBUTING STRUCTURE THAT APPLY TO, YOU KNOW, CONTRIBUTING CRITERIA.
SO I HAVE A REAL PROBLEM
I WILL ADD AS A BUILDER THAT BRICK WALLS AND THIS TYPE OF CONSTRUCTION ARE VENEERS.
UH, SO THE NOTION THAT THE PAINT MAY BE DAMAGING OR HOLDING IN MOISTURE, HOLDING OUT THOSE WALLS ARE DESIGNED TO BREATHE REGARDLESS OF THE
[00:10:01]
PAINT ON THE EXTERIOR.THERE'S AN AIR GAP BEHIND THE BRICK BETWEEN THE WALL TO LET MOISTURE RUN DOWN AND OUT THROUGH WEEP HOLES AT THE BOTTOM.
SO PAINTING BRICK ACTUALLY KEEPS MORE WATER OUT WHILE AT THE SAME TIME ALLOWING ANY MOISTURE INSIDE THE WALL TO, UH, SEE OUT.
IS THERE ANY, THERE IS NO ONE ELSE SIGNED UP TO SPEAK ON THIS MATTER? NO, SIR.
IS THERE ANY DISCUSSION ON THIS ITEM AMONG BOARD MEMBERS? UH, I, I THINK, UM, I THINK THEY DID TRY TO APPLY THE NON-CONTRIBUTING, UH, CRITERIA HERE.
AND SO IT, IT SAYS, YOU KNOW, FOR B THE ACTIVITY MUST MATCH THE, UH, CHARACTER OF EITHER THE EXISTING NON-CONTRIBUTING STRUCTURE OR CONTRIBUTING STRUCTURE.
SO I GUESS THE CONCLUSION THERE, WHICH THE HHC AGREED WITH IS THAT THE UNPAINTED MASONRY IS A ARCHITECTURAL FEATURE, UM, THAT WOULD'VE MATCHED THE EXISTING NON-CONTRIBUTING BUILDING AND ALSO THE CONTRIBUTING BUILDING.
SO I MEAN, I, I CAN SEE THAT IN THIS CASE.
AND, UM, I'M NOT SURE, I MEAN, UH, ALTER PAINTING OF MASONRY IS SPECIFICALLY DEFINED AS AN ALTERATION, ALTHOUGH PREVIOUSLY IT EXTERIOR PAINTING HAD NOT BEEN COVERED, BUT I'M NOT SURE WHY THAT AMENDMENT WAS MADE IN THE DEFINITION, AND IF IT'S BECAUSE OF THE STRUCTURAL CONCERNS ABOUT, UM, MASONRY, UH, TYPICAL MASONRY OR IF IT APPLIES TO ANYTHING JUST BECAUSE OF THE APPEARANCE OF IT.
I MEAN, TYPICALLY, YOU KNOW, YOU DON'T REGULATE COLOR OR OTHER SORTS OF THINGS LIKE THAT.
BUT, SO I MEAN, I THINK, I THINK THE DEFINITION APPLIES WHETHER OR NOT YOU'RE, YOU KNOW, PUNISHING THE WRONG PERSON.
THAT'S A INTERESTING POINT, AND IT KIND OF GETS BACK TO THE, THE QUESTION OF WHAT A CERTIFICATE OF REMEDIATION DOES.
AND I THINK IT'S A, IT'S A PERMISSION TO GO FORWARD.
I MEAN, THIS BUILDING IS IN VIOLATION AND THE CURRENT OWNER IS IN VIOLATION OF THE ORDINANCE, AND THE HHC HAS INDICATED A WAY TO GET IT IN COMPLIANCE.
UM, YOU KNOW, WHETHER SHE DOES THAT OR NOT, THAT BECOMES AN ENFORCEMENT QUESTION.
SO I'M, YOU KNOW, IT'S, UM, I DON'T THINK YOU ACTUALLY HAVE AN ABILITY NOW, YOU'RE NOT AN ADDITIONAL VIOLATION FOR NOT DOING THIS SHIFT REMEDIATION, THE VIOLATION IS, UH, NOT BEING IN COMPLIANCE WITH THE ORDINANCE.
I'M, I'M SORRY, I'M JUST TALKING OUT
I DON'T REALLY
SHE DIDN'T REQUEST THIS CERTIFICATE OF REMEDIATION TO BE ISSUED IN THIS WAY.
SO, UM, IF, BUT IF SHE WENT BACK, IT'S A VERY SIMPLE THING.
SO I DON'T THINK THERE'S ANY, ANY WAY TO HAVE ANOTHER GO AT A REMEDIATION THAT'S THE ONLY REMEDIATION THAT'S, THAT'S APPROPRIATE OR AVAILABLE IN THIS CASE.
SO, UM, I MEAN, TO ME THAT'S, IT MATCHES WITH WHAT THE ORDINANCE REQUIRES IN THE HHC IS CORRECT.
WHETHER OR NOT SHE ENDS UP GETTING PUNISHED FOR NOT DOING IT, IT'S UP TO THE CITY.
I WANNA, UH, I DO HAVE A QUESTION FOR STAFF.
I WANNA READ FROM PAGE TWO, THE HIGHLIGHTED PORTION, SECTION 33 2 40.
THE HAHC SHALL TAKE INTO CONSIDERATION THE CURRENT NEEDS OF THE APPLICANT AND SHALL BE SENSITIVE TO THE PROPERTY OWNER'S FINANCIAL CONDITION IN DETERMINING WHETHER TO ISSUE A CERTIFICATE OF APPROPRIATENESS.
I THINK IF YOU TAKE THAT PHRASE, COUPLED WITH THE FACT THAT IT WAS IN THIS CONDITION WHEN SHE BOUGHT THE HOUSE, THAT MAKING THE CURRENT OWNER GO TO THE EXPENSE OF REMOVING THAT PAINT, UH, IS, IS JUST INAPPROPRIATE.
UH, NOW MY QUESTION FOR STAFF, HYPOTHETICAL SITUATION, SOMEBODY'S GONNA BUILD A NEW HOUSE, WHICH OF COURSE WILL BE NON-CONTRIBUTING.
CAN, OR CAN THEY NOT PAINT THE BRICK? I'M GONNA DEFER THIS QUESTION TO STAFF PERSON.
UH, DO, I DON'T HAVE THE CRITERIA FOR NEW CONSTRUCTION IN A HISTORIC DISTRICT BEFORE ME, BUT THE CONTRIBUTING RESOURCE, THE CONTRIBUTING, I MEAN, SORRY, THE NEW CONSTRUCTION SHOULD FIT WITHIN THAT DISTRICT.
SO TYPICALLY WE'RE NOT GONNA, IF WE SAW PAINTED, WE'RE PROBABLY GONNA SAY NO.
AN EXAMPLE OF THAT EXISTS ON HEIGHTS BOULEVARD TODAY.
THERE'S A NEW THREE STORY HOUSE VERY, VERY LARGE ON, ON ONE SIDE OF THE STREET.
AND, UH, IT WAS, IT'S BUILT WITH BROWN BRICK.
LATER RECENTLY, AN APPLICANT CAME FORWARD TO TRY TO PAINT THAT AND IT WAS DENIED PRETTY EMPHATICALLY.
SO IT'S THE FACT THAT THAT NEW CONSTRUCTION,
[00:15:01]
YOU KNOW, WE WOULD LOOK AT THE, THE LINE ITEM FOR THE DESCRIPTION OF THAT PROPERTY AND WE WOULD SEE PROPOSAL BRICK VENEER, AND I THINK IF WE SAW MM-HMMPROPOSAL PAINTED BRICK VENEER WHEN THE MAJORITY, THE VAST MAJORITY OF HOMES IN GLENBROOKE VALLEY ARE STILL UNPAINTED, SO IT WOULDN'T CONTRIBUTE.
SO IT, IT PROBABLY WOULD NOT BE APPROVED IF, OF COURSE WE WERE IN A NEIGHBORHOOD OF A LOT OF BRICK PAINTED PAINTED BRICK MASONRY BUILDINGS.
AND OBVIOUS, IF AN APPLICATION ONLY SAYS BRICK VENEERING, THAT'S ALL IT'S GONNA SAY.
IT ISN'T UNTIL SOMETIME DURING CONSTRUCTION THEY DECIDE ON THE MATERIALS.
I MEAN, I'M COMING WITH A LOT OF HYPOTHETICAL, HYPOTHETICAL SITUATION.
NO, I UNDERSTAND WITH, DEFINITELY I KNOW, AND WE SEE BRICK PROPOSED, WE HAVE AN AGENDA ITEM THIS WEEK.
IT'S A LITTLE BIT ABOUT THAT TOPIC, BUT, UM, I DON'T THINK A CUT A BRICK THAT'S A BEIGE OR EVEN A WHITE BAKED ENAMEL
UM, COULD I ASK, I WASN'T CLEAR THERE WAS A RED TAG AND IS THERE, IS THERE ONGOING WORK THAT'S BEING HELD UP NOW, OR IT'S ALL BEEN DONE NOW? IT'S ALL BEEN DONE, YES.
IF THERE IS NO FURTHER DISCUSSION, ARE THERE ANY MOTIONS ON THIS OR PROPOSED MOTIONS ON THIS ITEM? I'LL MAKE A MOTION AND I'LL TRY TO RECALL CORRECTLY THE, THE TERMINOLOGY THAT WE'RE SUPPOSED TO USE IN DOING SO, BUT I MAKE A MOTION THAT WE REVERSE THE HH C'S DECISION DECISION.
IS THAT THE CORRECT? I, I THINK THAT'S CORRECT.
IF YOU WANT US BE MORE SPECIFIC, IF I'M UNDERSTANDING WHERE YOU'RE COMING FROM ON THIS AND REVERSE THEIR REVERSE DECISION TO PUT THE RESTRICTION REQUIREMENT UPON THE CURRENT OWNER TO GET THE PAINT OFF THE HOUSE.
THE, THE CERTIFICATE OF REMEDIATION IS FINE.
IT CAN STAND AND, UH, BUT REVERSING JUST THAT THIS REQUIREMENT FOR THE PAINT REMOVAL.
'CAUSE IF I REMEMBER CORRECTLY, STAFF, THE CERTIFICATE OF REMEDIATION UPHELD THE WINDOWS, RIGHT? CORRECT.
IT WAS JUST THE CONDITION FOR THE PAINT REMOVAL.
IT WILL ALLOW THE WINDOWS TO STAY BY.
YOU'RE NOT REVERSING THE ENTIRE C OF R, JUST THE, THE C OF R CONDITION THAT THE, UH, PAINT BE REMOVED FROM THE BRICK? CORRECT.
BECAUSE WE'RE FOCUSED ON, YOU KNOW, WE ALSO HAVE TO THINK ABOUT THE, UM, FUTURE HISTORY OF OUR DECISIONS.
CAN YOU STATE THE REASON WHY YOU'RE, THE, THE PURPOSE OF WHY YOU'RE CHANGE CHANGING, PROPOSING THAT CHANGE? THERE IS THAT PARAGRAPH I READ THAT I READ FROM, AND THE FACT THAT THIS IS NOT THE OWNER OF THE PROPERTY WHO DID THE, AN APPROVED MODIFICATION ALTERATION TO THE HOME.
IS THERE A SECOND? M ADMINISTER? SECOND.
WE HAVE A MOTION AND A SECOND.
ALL THOSE IN FAVOR? PLEASE STATE YOUR NAME.
ALL THOSE AGAINST, UH, ELLIOT.
AS PROPOSED HAS PASSED, I WOULD REQUEST STAFF TO SPEAK VERY CLEARLY WITH THE APP, WITH THE HOMEOWNER, SO SHE UNDERSTANDS THE PROCEDURES AND THE TIMELINE OF WHAT SHE NEEDS TO DO, UH, TO CONTINUE ON THE PROCESS.
AND THEN HPAB COMMENTS ARE NEXT ON YOUR AGENDA, SIR? UM, I DON'T SEE ONE IN THE AUDIENCE, BUT DID ANYONE ELSE SIGN? DID ANYONE SIGN UP FOR PUBLIC COMMENTS?
[00:20:01]
NO.UH, DOES ANY BOARD MEMBER HAVE ANY COMMENTS? THEN I WOULD SAY WE CAN ADJOURN THIS MEETING.