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File #: 210779    Version:
Type: Resolution Status: Passed
File created: 8/31/2021 In control: COMMON COUNCIL
On agenda: Final action: 3/22/2022
Effective date:    
Title: Substitute resolution granting the appeal of the Certificate of Appropriateness for chimney reconstruction and dormer re-cladding at 2640 N. Lake Drive, in North Point North Historic District, for Russell and Dorothy Case.
Sponsors: THE CHAIR
Indexes: HISTORIC BUILDINGS, HISTORIC PRESERVATION
Attachments: 1. HPC Appeal Presentation, 2. Appeal Letter, 3. Case Appeal Summary, 4. Appeal Exhibits from Legal Counsel, 5. Appeal Visual Exhibits Reference Numbers, 6. Appeal Visual Exhibit lake-1, 7. Appeal Visual Exhibit lake-2, 8. Appeal Visual Exhibit lake-3, 9. Appeal Visual Exhibit lake-4, 10. Appeal Visual Exhibit lake-5, 11. Appeal Visual Exhibit lake-6, 12. Appeal Visual Exhibit lake-7, 13. Appeal Visual Exhibit lake-8, 14. Appeal Visual Exhibit lake-9, 15. Appeal Visual Exhibit lake-10, 16. Appeal Visual Exhibit terrace-1, 17. Appeal Visual Exhibit terrace-2, 18. Appeal Visual Exhibit terrace-3, 19. Appeal Visual Exhibit terrace-4, 20. Appeal Visual Exhibit terrace-5, 21. Appeal Visual Exhibit terrace-6, 22. Appeal Visual Exhibit terrace-7, 23. Appeal Visual Exhibit terrace-8, 24. Appeal Visual Exhibit terrace-9, 25. Appeal Visual Exhibit terrace-10, 26. Appeal Visual Exhibit terrace-11, 27. Appeal Visual Exhibit terrace-12, 28. Appeal Video Exhibits, 29. Wisconsin Historical Society Letter, 30. Letter from state rejecting retroactive approval and materials.pdf, 31. Application.pdf, 32. Detail of rear dormer.jpg, 33. Detail of rear dormer 2.jpg, 34. WI210179-80 Ralph T. Friedman House.pdf, 35. View of Rear Dormer.jpg, 36. Staff Report.pdf, 37. Before Photos.pdf, 38. After Photos Roof and Siding.pdf, 39. Gutters Techniques and After.pdf, 40. After Photos Chimney.pdf, 41. Brick Pavers.pdf, 42. Staff Photo 2021DEC08 (1).JPEG, 43. Staff Photo 2021DEC08 (2).JPEG, 44. Staff Photo 2021DEC08 (3).JPEG, 45. Letter to Property Owner, 46. Letter to Property Owners Within 200 Feet, 47. List of Property Owners Within 200 Feet, 48. Certified Mailing to the Property Owner, 49. Signed Certified Mail Receipt, 50. Signed Certified Mail Receipt - Rescue My Roof, 51. Appeal Rights Letter, 52. Certified Mailing to the Property Owner, 53. Signed Certified Mail Receipt, 54. Signed Certified Mail Receipt, 55. ZND Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
3/29/20221 MAYOR SIGNED   Action details Meeting details Not available
3/22/20221 COMMON COUNCIL ADOPTEDPass14:0 Action details Meeting details Video Video
3/15/20220 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Appearing: Carlen Hatala, Historic Preservation Commission Jay Crouse, Case Law Firm, S.C. Russell Case Chris Rescue, Rescue My Roof Jeff Leston Ald. Nik Kovac, 3rd Ald. Dist. Atty. Crouse appearing as legal counsel to the appellants. Presentations were made. Ald. Bauman moved to grant the appeal. (Prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
3/15/20221 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTIONPass5:0 Action details Meeting details Not available
2/8/20220 COMMON COUNCIL REFERRED TO   Action details Meeting details Not available
1/10/20220 HISTORIC PRESERVATION COMMISSION PLACED ON FILE

Minutes note: Mr. Tim Askin said a neighbor noticed a roof repair contractor sign and asked if a COA had been filed. There are two issues - chimney joints are too thick and back dormer cladding was textured Smartside. Mr. Case said the contractor ground the joints, rather than chiseled out by hand. No Smartside has been approved nor any textured material by this Commission. Staff recommends approval of the roof shingling, but denial of the chimney tuck pointing and shingling. Mr. Case said the mortar joints were like that when he purchased the house and prior work had been done before his house purchase. The joints were wide to begin with. The contractor just ground the loose joints and re-tuck pointed. There was a concrete cap prior. The dormer was shingles and the work needed to be done to be waterproof. The siding is a wood product. Chris Weaver - Rescue my Roof - Deny the tuck pointing and dormer siding
Pass5:0 Action details Meeting details Video Video
12/13/20210 HISTORIC PRESERVATION COMMISSION HELD IN COMMITTEE

Minutes note: Held as the applicant cannot be present.
Pass6:0 Action details Meeting details Video Video
10/11/20210 HISTORIC PRESERVATION COMMISSION HELD IN COMMITTEE

Minutes note: Mr. Tim Askin said no COA was ever applied for for work being completed or in progress. The chimney work is unacceptable due to the thick joints and the flashing Russell Case - owner - the state never mentioned about the need to get a COA. Chris Weaver - the chimney will be re-done; he has gotten COAs in the past. The shingling job is acceptable and the flashing will be re-done. The applicant should do no work on the house until the next hearing in case the chimney needs to be replaced. Mr. Jarosz moved to hold for one month. Seconded by Ms. Peltz.
Pass5:0 Action details Meeting details Video Video
8/31/20210 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

210779

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

Substitute resolution granting the appeal of the Certificate of Appropriateness for chimney reconstruction and dormer re-cladding at 2640 N. Lake Drive, in North Point North Historic District, for Russell and Dorothy Case.

...Analysis

This resolution grants the appeal of the Certificate of Appropriateness for retroactive approval of the chimney reconstruction and dormer re-cladding at 2640 N. Lake Drive, in North Point North Historic District, for Russell and Dorothy Case.

Body

Whereas, The Historic Preservation Commission met on January 10, 2022 to consider granting a Certificate of Appropriateness for retroactive approval of the chimney reconstruction and dormer re-cladding at 2640 N. Lake Drive, in North Point North Historic District, for Russell and Dorothy Case; and

 

Whereas, The Commission denied the Certificate of Appropriateness unanimously; and

 

Whereas, The applicant appealed the decision relating to denial to the Zoning, Neighborhood and Development Committee at its meeting of March 15 2022; and

 

Whereas, The Committee, by a vote of five (5) ayes and zero (0) noes reversed 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 retroactive approval of the chimney reconstruction and dormer re-cladding at 2640 N. Lake Drive, in North Point North Historic District, for Russell and Dorothy Case, is granted.

Requestor

 

Drafter

3/15/22

LME