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HPC Meeting Minutes - Special Called Meeting

December 8, 2012

The Historic Preservation Commission met on Saturday, December 8th, at 9:00AM at the City Council Chambers, 305 Gay Street.  Kathy Manicke chaired the meeting and called the meeting to order at approximately 7:00 p.m.  She began the meeting by taking roll call.

 

Commissioners Attending: Kathy Manicke, Chair; Dormaim Bromwell Green, Katie Clendaniel.

Members Absent:  Brian Roche, Farrell McCoy

 

Other Representatives or Staff Attending: Dan Brandewie, City Planner II, Odie Wheeler, Rob Collison.

 

Kathy Manicke presented the opening statement and conducted a roll call of those members present.

Oath Administered-Persons Wishing to Testify: Kathy Manicke reviewed protocol for the meeting and administered the oath to all persons wishing to testify.

HPC#49-12, 317 Oakley St., Michelle Kerns (owner), Tim Kerns (applicant): (1) installation of vinyl siding on main body of house.  Board of Zoning Appeals at a public hearing on September 25th overturned decision of HPC to allow vinyl siding on house and dormer area; remanded case back to HPC to determine appropriate vinyl siding material on main body of house.

Mr. Brandewie provided an overview of the agenda item.  HPC members at the November meeting indicated that they would like to review the outcome of the Board of Zoning Appeals decision on this case (BZA Case No. 2 FY 12-13- for 317 Oakley Street), at Special Called meeting.  Over the course of the past three weeks members have been polled as to an appropriate meeting time and this was the only date that was available that would accommodate various scheduling conflicts.  Discussion at the last HPC meeting centered on the Commission's right to appeal the Board of Zoning Appeals decision to the Circuit Court of Appeals.  The applicant and public have been provided notice of the meeting.  The deadline for filing an appeal would be end of business on Monday, December 9th.

Mr. Odie Wheeler provided background as to the practical difficulty of filing an appeal due to lack of budget resources and that the City's Attorney could not represent the Commission since he was Legal Counsel to the Board of Zoning Appeals.

Mr. Frank Cooke, BZA member, testified as to his interpretation of the case and reflected on the motion made by the Board as it remanded the case back to the HPC.

Discussion followed.  Ms. Clendaniel and Ms. Manicke both commented that given the limited time available to file an appeal, the lack of legal counsel, and the limited budget resources available, it would be impractical to file an appeal of this decision further.  No action taken.  Ms. Clendaniel recommended that in the future, if HPC cases are filed to the Board of Appeals, members of the Commission should testify at these meetings in addition to staff.

Meeting adjourned at approximately 10:30AM

 

Respectfully submitted,

Daniel L. Brandewie

City Planner II

 

 

Note:  These minutes were approved at the meeting of the Historic Preservation Commission meeting on February 21st, 2013.