HomeMy WebLinkAboutMarch 13, 2017 Historic • •n Commission
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The Jeffersonville Historic Preservation Commission met for a regular meeting at 6 p.m.on March 13,2017,in the
City Council Chambers of Jeffersonville City Hall.
ROLL CALL
President Jan Paddocks called the meeting to order with roll call.
Members present included Jan Paddocks,Johnna Anderson,Ed Siewert,Melanie Kircher,Lisa Green and Jill Schimpff.
Also present were advisor Laura Renwick and staff Larry Wallace.
AGENDA
Paddocks asked the Commission to review the agenda presented for the March 13,2017 meeting.Member Melanie
Yates made a motion to approve the agenda as presented.Member Lisa Green seconded the motion.The agenda was unani-
mously approved.
MINUTES
Paddocks asked Commission members to review the minutes from the February 13,2017,meeting of the Historic
Preservation Commission.Member Lisa Green made a motion to approve the minutes as presented. Member Ed Siewert
seconded the motion.The minutes from the February 13,2017 meeting were unanimously approved.
CERTIFICATES OF APPROPRIATENESS:
•BILL BURNS with Aristocrat Builders was on hand to ask the Commission for approval to replace windows at 251-263
Spring Street.
Burns in January received a C of A from the Commission for other exterior work at the property.
"We're renovating this building and if you look(at the front),you'll see the building has replacement windows-and all
of them are vinyl except for one,I believe,which is metal;'Burns told the Commission,pointing out the windows in displayed
photographs.
Burns said he intends to replace all of the windows across the front of the building-which are currently non-matching in
style-with the same style of replacement windows.He added that he also wanted to replace windows along the side of the build-
ing which were not uniform.Burns clarified to the board that the window openings themselves would not change—only that
replacement windows would be added in place of the existing windows.
Advisor Laura Renwick addressed the Commisison in regards to Burns'intention to use replacement windows-which is
a deviation from the Design Guidelines the Commission typically defers to.
"Ordinarily,vinyl windows aren't ideal in the historic district;'Renwick said."But in this instance,it seems to be appro-
priate since so much replacement has already been done"and other modifications have taken place over the years.
Member Melanie Yates made a motion to approve the C of A for the replacement of windows at 251-253 Spring Street,noting the
special circumstances aforementioned by Renwick.
Member Lisa Green seconded the motion.The C of A for 251-253 Spring Street was unanimously approved.
•PINNACLE PROPERTIES AND DEVELOPMENT GROUP OWNER CHRIS NOLAN had representatives present
to address the Commission over the company's C of A application for demolition of the structure at 509 Spring Street(aka The
Jeffersonville Masonic Temple).Nolan himself was not present.
The Commission had tabled the application for demolition at its February meeting in order to allow the City an opportu-
nity to hire an independent engineer to assess the property,its condition and safety.
President Jan Paddocks addressed the Commission and others present that she was recusing herself from"discussion and
vote'on the application for 509 Spring Street.
In light of Paddocks'decision,Commission Vice President Jill Schimpff took over direction of the meeting and called to
the floor City Attorney Les Merkley.
"This item was on the agenda at the last meeting and was tabled for the specific reason of allowing the city to retain an
engineer to make a report on the structural soundness and stability of the building:"Merkley said,adding that such an inspection
had been completed and a report subsequently filed by Indianapolis-based Arsee Engineers Inc.,specifically engineer Frederick A.
Herget.
Merkley said Herget"viewed and walked through the building"with City of Jeffersonville Building Commissioner Larry Wallace.
Herget's report,Merkley said,included"a lot"of information and did address the city's chief concerns(the safety and soundness of
the buiding and the estimated cost of any potential work to stablize the building).
"The bottom line(according to the report)is that the building can be saved with the right amount of money,"Merkley
said.
"We asked what is the cost to immediately stabilized the structure to prevent any further deterioration ...That estimate
is between$400,000 and$700,000;'Merkley said,citing the report.`And it ould be more,depending on enviornmental issues that
might be discovered..."
"The main concern with the city was whether or not the building poses any public safety concern;'Merkley said. `And he
said he did not believe the building was in danger of imminent collapse"
"The city has determined and is satisfied its not a public safety concern at this point;'Merkley said."But the city also
... if the building continues in its current condition and remains upright...We would request of the owner that the building be
secured and closed...We should at least make sure there's not a window for anyone to crawl through and gain access to the inside.
And we would request that of the property owner."
Merkley outlined the actions city ordinance allows the Commission to take in regard to C of A applications.
"You can grant(the request for demolition),you can deny-and if you deny it,you will have to(provide a written expla-
nation of why/how that conclusion was reached);and third,you also have the option of tabling the application again-but keep in
mind you have to act within 60 days of the application being made or the application is considered granted.'
"Even if you deny the C of A,under the ordinance,the property owner can move forward with demolishing the building
if the property owner moves forward with certain steps established in the ordinance;'Merkley said.
At this point,it's my understanding,the property has been listed(for sale)and that is one of the first steps of moving
forward to demolish the building without this board's approval ..."
Merkley read off the other requirements a property owner would have to meet in order to secure a demolition permit for
the property without approval from the Historic Preservation Commission. (REFERENCE ORDINANCE 152.12 section d)
Merkley also pointed out that due to the building's"Outstanding"rating in the Commission's inventory of resources,it
would also have to be listed for sale for 9 months before it could de demolished without the Commission's approval.
"If you are not going to table the application,I believe you should give the applicant an opportunity to give a present on
the application;'Merkley told the Commission.
Attorney Alan Applegate told the Commission he was present on behalf of his client,Chris Nolan,who was out of town.
Applegate gave the Commission a rundown of Nolan's history with the property in question.Applegate told the Commission
Nolan purchased the building"many years ago"after purchasing and rehabilitating nearby properties on the Warder Park site.
With intentions to rehab the former Masonic Temple as well,Applegate said Nolan consulted local architect Wayne Estopinal to
help develop plans for the property.Those plans,Applegate said,estimated the cost to rehabilitate the building at around$2-2.5
million.Those costs,Applegate told the Commission,forced Nolan to put the building's rehabilitation on hold.
Applegate said the building was damaged-specifically the roof of the building-when remnants of Hurricane Ike came
through Jeffersonville in 2008.
Applegate said Nolan"didn't do regular interior investigations to the building or its interior."
Applegate said"at some point"after the wind storm,Nolan"realized there was open exposure on the roof."
"They covered it with a tarp,entered into a lawsuit with the insurance company who didn't want to pay for coverage and
that lawsuit lasted three years before it was settled'
Applegate said Nolan"recently met"with Wayne Estopinal again over potential rehabilitation of the building-which at
the last estimate were still priced in the$2.5 million range.
"They are exploring options .."Applegate said.
In the past couple of months,Applegate said,"some part of the building"came loose or was damaged,which is what
prompted Nolan to explore the option of demolishing the building.He received a quote of$88,000 for such a demolition,Apple-
gate said.
"Following the tabling of this application last month,Mr.Nolan did list the property.And it is currently on the market
for$600,000;'Applegate said.
"Mr.Crum has the listing and he's here tonight if you want verification or need him to advise;'Applegate said in reference
to local realtor Lincoln Crum.
"The Arsee report identifies$400,000 to 700,000 to stabilizie the building...."Applegate said.
"That's$700,000 to stabilize,that's not to rehab the building.;'Applegate said."Mr.Nolan's difficulty has been finding a$3
million or$2.5 million tenant or user or buyer."
"I believe he met with Mr.(Greg)Sekula(of Indiana Landmarks)about four years ago;'Applegate told the Commission.
And there's not necessarily redevelopment money available to help with this project..:'
"He sought the C of A to tear the building down(after some pieces came detached from the building a couple of months ago)
because he felt like it was unsafe ... That's what started this process."
"Mr.Nolan has indicated he is open to listening to reasonable ideas to rehab this building;'Applegate said."But he can not finan-
cially do that on his own"
Jill Schimpff asked if there was any discussion or questions from the Commission for Mr.Applegate before moving on.
With no questions from the Commission,Schimpff called Lincoln Crum to the floor.
Crum told the Commission he is the listed real estate broker for the building and officially put the property on the market
for sale on Feb.21 after meeting with Nolan,"doing research on the building and doing an evaluation of where it's at" The prop-
erty's sale price is listed at$600,000,Crum told the Commission.
"I have reached out to as many potential buyers as possible;'Crum said.`And I have reached out to as many as people as
possible about the sale or rehabilitation of the building.'
Crum said"the numbers are really difficult to work from a real estate aspect;'but that he believes"there is value" to the
property.
Crum told the Commission he is looking for a buyer-"more to a private individual or investment group"—who will
purchase the property and renovate the building.
Crum told the Commission he had kept his marketing of the property"local for the most part"pending the Commis-
sion's decision on the C of A application and the report from Arsee.
"I assure you,I'm doing everything I can to find a buyer for this building;'Crum said.
Following Crum's remarks,Laura Renwick reminded the Commission the criteria outlined in the city's ordinance in
regards to granting demolition of a property in the historic register.
"There are four criteria... "Renwick told the Commission before proceeding to read them aloud from the ordinance.
1.Effect of the demolition on the character of the Historic District
2.The state of deterioration,disrepair and structural stability of the structure.The condition of the building resulting
from neglect shall not be considered grounds for demolition.
3.Balance of the public interest in preserving the structure or the integrity of the District with the interest of the owner of
the building or structure in the use and utilization of the property;and
4.Possible alternatives to demolition.
"Those are the things we need to keep in mind when considering this application;'Renwick said.
Greg Sekula,Director of Indiana Landmarks Southern Regional Office in Jeffersonville,was next to address the-Com-
mission.
Sekula reminded members that the building-which at one point served as the Masonic Temple-was placed on Indiana
Landmarks' 10 Most Endangered list in 2012.He told the Commission the 1926 Neo Classical style building,designed by local
architect Arthur Loomis is"significant in Jeffersonville and statewide"
"This is one of his(Loomis')best examples of institutional structures that remain in the city;'Sekula said,adding that the
building "has the potential to be a crown jewel in the arts and cultural district the city is talking about creating in the area"
Sekula said there are tax credits and rehabilitation tax credits that could result in a 20 percent recoup of investment in the building
for whomever the owner was.
Sekula further addressed the finances of the property,questioning the current market listing price of$600,000.
"I certainly am glad Mr.Crum is representing Mr.Nolan ... I think he's the right person to do it;'Sekula said."However,I
would love to see some justification on the$600,000 listing of this building...:'
Sekula said he would prefer an appraisal of the building be done by a licensed real estate appraiser,as regulated in the
ordinance pertaining to demolition of historic structures.
"To my knowledge,evidence of that appraisal has not been offered to the Preservation Commission;'Sekula said."I
would ask Mr.Nolan to move quickly on getting that appraisal and presenting that(to the Commission):'
"We have to start with a realistic appraisal on that building;' Sekula continued."I would ask we base our efforts on a real-
istic,legitimate real estate appraisal:'
After Sekula addressed the Commission,Jill Schimpff asked if there was additional public comment.
Julie Richardson,who identified herself as a local business owner,said she had to appear before the Commission when
she wanted to put awnings on her business,which is located in the historic district near the Masonic Temple.
"I've been through the process with this board to get approval to build awnings;Richardson said."I can't fathom we can tell some-
one what kind of windows they can use... To think you would do that but that we could allow this building to be torn down is an
incredible shame-that we're even thinking about it"
Once again,Jill Schimpff asked the Commission members if there was additional discussion.
Member Lisa Green asked Les Merkley about other requests or conditions the Commission could make of Mr.Nolan
regarding his application.Such as whether or not the Commission could ask Mr.Nolan to withdraw his current application and
then resubmit an application for a C of A for demolition if the property didn't sell after 9 months on the market.
Merkley advised the Commission that while some sections of the ordinance are a little"vague;'his legal opinion was that
if Mr.Nolan satisfied the numerous conditions outlined in the ordinance(REFERENCE ORDINANCE 152.12 section d)
that would allow demolition of the property without the board's approval,then the city would be"obligated"to issue a demolition
permit.
Renwick asked Merkley if it would"make sense"for the city to have an independent appraisal of the property done.
"I'm going to caution the board... "Merkley said."You have to be careful before you start taking action that leads into
`reverse condemnation' ...Which is to put conditions on a property owner that are beyond what the existing ordinance calls for,
therefore forcing condemnation"
Member Lisa Green made a motion to deny the request for a Certificate of Appropriateness for demolition of 509 Spring
Street,based on the four criteria outlined in the ordinance regarding the effect of the demolition of the building,etc.
Member Ed Siewert seconded the motion to deny the application.
Jill Schimpff called for a vote on the motion.And the Certificate of Appropriateness to Pinnacle Properties and Develop-
ment Group for demolition of 509 Spring Street was unanimously denied.
Green said she would prefer to see the property listed for 9 months with a"fair appraisal"but she"couldn't guarantee"that
would happen,so she voted to deny the application.
"Let's let the process play out... "Ed Siewert said."I have good faith Lincoln is going to sell this property."
For the record,Merkley pointed out that the Arsee report"does say the longer this goes,the more difficult it's going to be
to save the building:'
"But there's nothing more we can do ..:'Ed Siewert said.
Greg Sekula pressed for more details on the marketing of the property from Mr.Nolan's representatives.
"Lincoln didn't address—specificially—if people aren't allowed to go in the building,how is he going to market the building
when people can't see it?"
Lincoln Crum responded,saying that he has a couple of plans to address that issue.
"Now that we have the report and we can look at it... And we can see what the condition of the building is...We can
come up with some ways to address that"
Crum said they plan on flying a drone inside the building to take some photos"and see what we can see"
Once they've seen the inside of the building to determine what they're up against,Crum said they are going to have
Applegate create a waiver that potential interested buyers could sign before going into the building.
Sekula also asked Crum if he was going to use blueprints previously drawn for Nolan by architect Wayne Estopinal to
show prospective buyers what the layout or potential of the building is.
Crum said that Mr.Nolan was currently out of town and while he had looked for the blueprints,he had not been able to
locate them as of yet.However,Crum said if he wasn't able to locate the blueprints in the Pinnacle Properties office,he planned to
ask Applegate to contact Estopinal and request a digital copy.
"We are going to do everything we can;'Crum said."There have been people talking about saving this building for a long
time but now we're going to make it happen.'
Two other members of the public,Eric Sharp,of Cass County,Ind.and Loren Miller,of Jeffersonville,offered public com-
ment on the matter as well.
Sharp was critical of the state of the building,saying Nolan has"made no effort to repair this .."He further criticized the
listing price of$600,000,saying the property had only been taxed at$95,000 for the last five years.
"So it's worth$95,000;'Sharp said.
"If the owner isn't going to do anything to save it....Are we saying in 9 months if no one comes in to buy it,are we going
to allow someone to tear it down?That's basically what we're saying"
Sharp,who said he has rehabilitated historic structures in other parts of the state,said there are"all kinds of options"for the prop-
erty.
"It's got style and character."
Loren Miller told the Commission he thinks the building is something that should be enjoyed.
"I think the first priority should be to save the building,"Miller said."It should be something the entire public can benefit
from... something everyone can use and enjoy.Let's not just think in terms of saving it...but something that is going to draw
people here.It would be a tragedy to tear this building down.We should use our imagination to do something"
With no other business to consider,member Lisa Green made a motion to adjourn the meeting.The motion was second-
ed by Ed Siewert.
J Paddocks,President,Jeffersonville Historic Preservation Commission DATE