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File #: 190849    Version:
Type: Resolution Status: Passed
File created: 11/26/2019 In control: COMMON COUNCIL
On agenda: Final action: 2/11/2020
Effective date:    
Title: Substitute resolution denying the appeal relating to a Certificate of Appropriateness for re-siding and corner boards at 2017 N. Terrace Avenue, in the North Point South Historic District, for James and Maura Otzko and affirming the Historic Preservation Commission’s decision.
Sponsors: THE CHAIR
Indexes: HISTORIC BUILDINGS, HISTORIC PRESERVATION
Attachments: 1. HPC ZND PowerPoint, 2. Legal Counsel Letter 02-04-20, 3. Photos Before and After 02-04-20, 4. 2020CV000806 Case Details in Milwaukee County, 5. Appealing the HPC Denial, 6. Ch. 320-21-11-L, 7. ZND Hearing Notice List, 8. Application.pdf, 9. Community Survey Photo.pdf, 10. Intensive Survey Photo.pdf, 11. Photos.pdf, 12. Photos of corner boards in HD.pdf, 13. Satff Report, 14. Letter to the Local Council Member, 15. Letter to Property Owner, 16. Letter to Property Owners Within 200 Feet, 17. List of Property Owners Within 200 Feet, 18. Certified Mailing to the Property Owner, 19. Appeal Rights Letter, 20. Certified Mailing to the Property Owner, 21. Unclaimed Certified Mail, 22. Signed Certified Mail Receipt
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
2/19/20201 MAYOR RETURNED NOT SIGNED   Action details Meeting details Not available
2/11/20201 COMMON COUNCIL ADOPTEDPass15:0 Action details Meeting details Not available
2/4/20200 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Appearing: Tim Askin, Historic Preservation Commission James Otzko Maura Otzko Atty. Joseph Cincotta, Law Offices of Joseph R. Cincotta Ald. Nik Kovac, 3rd Ald. Dist. Testifying in support of the appeal: David Lucas, neighboring resident Ald. Bauman moved denial of the appeal. (Prevailed 4-0)
Pass4:0 Action details Meeting details Video Video
2/4/20201 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTIONPass4:0 Action details Meeting details Video Video
1/30/20200 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/30/20200 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/30/20200 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
1/29/20200 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/26/20190 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
10/14/20190 HISTORIC PRESERVATION COMMISSION PLACED ON FILE

Minutes note: Ms. Carlen Hatala said this came as a result of a citizen complaint on ongoing work. The building is a duplex and has a side entrance for the second unit. The upper story boards were replaced with Hardie Plank and the mitered corners were covered. The house is in the Garrison Colonial style, of which mitered corners are a major feature. Staff recommends denial due to the Hardie Plank, conversion of mitered corners to corner boards and wider exposure than the original. Maura Otzko - they live full-time in Florida and didn't realize they were in a historic district as the condition report of property said it wasn't in a historic district. James Otzko said they were making a number of improvements and the exterior wood was in bad condition. The city inspectors never told them they shouldn't have done the work. The work wasn't intentional. A complaint was what led them to realize the house was in a historic district. They are asking for approval. The second story windows are also replacement windows while the first-floor windows are leaded glass. Hardie board has been allowed in other cities in historic districts and it is on the second floor. Commissioners recommend that the owners sue the seller. The Commission approved withholding of DNS fines pending the outcome of the lawsuit.
Pass4:0 Action details Meeting details Video Video
9/13/20190 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

190849

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

 

Title

Substitute resolution denying the appeal relating to a Certificate of Appropriateness for re-siding and corner boards at 2017 N. Terrace Avenue, in the North Point South Historic District, for James and Maura Otzko and affirming the Historic Preservation Commission’s decision.

...Analysis

This resolution denies the appeal of the Certificate of Appropriateness for re-siding and corner boards at 2017 N. Terrace Avenue, in the North Point South Historic District, for James and Maura Otzko.

Body

Whereas, The Historic Preservation Commission met on October 14, 2019 to consider retroactive approval to grant a Certificate of Appropriateness for re-siding and corner boards at 2017 N. Terrace Avenue, in the North Point South Historic District, for James and Maura Otzko; and

 

Whereas, The Commission, by a vote of 4 ayes and two excused, voted to deny the application for a retroactive Certificate of Approval for re-siding and corner boards at 2017 N. Terrace Avenue; and,

 

Whereas, The applicant appealed the decision of the Commission to the Zoning, Neighborhood and Development Committee at its meeting of February 4, 2020; and

 

Whereas, The Committee, by a vote of five ayes and zero noes, upheld the decision of the Historic Preservation Commission;  now, therefore, be it,

 

Resolved, By the Common Council of the City of Milwaukee, that the appeal of the Certificate of Appropriateness for re-siding and corner boards at 2017 N. Terrace Avenue, in the North Point South Historic District, for James and Maura Otzko is denied and the Historic Preservation Commission’s decision is affirmed.

 

Requestor

 

Drafter

Linda Elmer

02/04/2020