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01-1098Council File # O �� p �,� �RIGf�AL Presented By Referred To Green Sheet # � �i 5'7 �� Committee: Date 2 Whereas, Window Lite Home Improvements made application to the Heritage 3 Preservation Commission (HPC) on February 14, 2001 for a building permit to install twelve 4 vinyl replacement windows in a residential property commonly known as 728 Euclid Slreet in the 5 Dayton's Bluff Historic District; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, a public hearing on the application was duly scheduled for Mazch 22, 2001. However, the applicant did not appeaz at the public heazing and the matter was laid over to April 26, 2001. The applicant was norified of the layover date by letter dated Apri12, 2001. In the interim, HPC staff inet with the owners of the real property at 728 Euclid to discuss the application being made on their behalf; and Whereas, on Apri126, 2001, the matter was again considered by the HPC. The owner of the property appeared. However, Window Lite did not. Following the public heazing, where all interested persons were given an opportunity to be heazd, the HPC denied the application because the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992) in that the replacement windows were not the same size as the original windows and because their vinyl cladding the did not match the wood exterior of the structure; and Whereas, the HPC considered the application once again at a public hearing on July 26, 2001. Once again, Window Lite did not appear. At the close of the public heazing, the HPC moved to deny the vinyl window application based upon the following findings and conclusions contained in the HPC's staff report dated July 19, 2001 that the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992): 1. The structure is considered non-contributing to the Dayton's Bluff Historic District, however, given the date of construction, the structure contributes to a significant time period for the Dayton's Bluff Historic District. 2. The proposed windows do not comply with the guidelines that do not recommend reducing the original openings to fit new units and do recommend duplicating original materials or other appropriate models. Whereas, the decision of the HPC to deny the building permit was transmitted by letter to Window Lite on July 27, 2001; and Whereas, pursuant to the provisions of Section 73.06, Window Lite duly filed with the City Council an appeal from the determination made by the HPC and requested a hearing before the Council for the purpose of considering the actions taken by the HPC; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2 Whereas, acting pursuant to Sections 73.06, and upon notice to affected parties a public 3 hearing was duly conducted by the City Council on Wednesday September 5, 2001 where all 4 interested par[ies were given an opportunity to be heazd; and 6 Whereas, the City Council, having heazd the statements made, and having considered the 7 application, the report of staff, the record, minutes and resolution of the Commission moved to 8 deny Window Lite's appeal. The motion failed and there was not morion to grant the appeal; 9 10 il 12 13 14 NOW, THEREFORE, BE IT RESOLVED, that the original decision of the HPC to deny the building permit, dated July 27, 2001, remains in full force and effect; b�-�oq�' AND BE IT FINALLY RESOLVED, That the Council Secretary shall mail a copy of this resolution to Window Lite, the Zoning Administrator and the Heritage Preservation Commission. �RIGI�IAL Requested by Department of: Adoption Certified by Council Secretary � — . • - �. /�� ✓ � �/ �/�� % By: Form Approved by City Attamey By: � WW�� J� R —C� ( Approved by Mayor for Submission to Council By: Adopted by Council: Date ��T J O� ��w��. Kathy Lanhy 266-86I0 October 24, 2001 w�t wrt RqrtYlf. ORGFR TOTAL # OF SIGNATURE PAGES GREEN SHEET oa�rowrtrae a� -iaq�' N� 113654 arvcawca. ❑ MYAiTqOEY ❑ OIYUFAIt ❑wuucvaao�xcaow. ❑puxau.a ❑�I1Ypt10M1�4Ta1R� ❑ (CLJP ALL LOCATIONS POR SIGNATURE) Memorializing City Council action taken September 5, 2001, denying the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage Preservation Commission denying a building permit to replace wood windows with vinyl windows at 728 Euclid Street. W PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION WMre. W�Y) SOURCE RSONAL SERVICE CONiRAGfS MUST ANSWER THE FOLLOW WG QUESRONS: H8S �FIIS P��(111 CRf NOfkEE IIMM 2 COIItrdC1 fOf �fli6 d2p2f1RIEI1Y7 YES NO Hes tlua ce�somhrm e�M bem a dly dnPbYee7 YES NO Does ihis persorJfirm P�� a sidll rat mm�albP�d bY anY curreM citY �D�oY�? YES NO Is Mis peisaJfirm a tarpHetl vendoR YES NO COSTIREVENUH BUD6ETm (qRCLE ON� ACTNIiY NUfAeER iNFOw.anor+(owwM YES NO ✓ a �-to �tr NOTICE OF PUBLIC HRARING Notice is hereby given that the petition of the City of Saint Paul, for the vaca�ion of that part of Hoyt Avenue between Kennard and Flandrau as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 7th day of November, 2001 at 5:30 P.M. Dated October 9, 2001 Shari Moore Deputy City Clerk (October 15, 2001) mm'VSC:.«�-. i-2L`�v�'v'� �et�Y;bin..i� � � � ' a �� CITY OF SAINT PAUL Narm Colerrsan, Mayor October 10, 2001 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 728 Euclid Dear Ms. Anderson: t�e. 7 r, .ea�'rh t``� �� r� .�a. �n � q �+.%�9 � .� .`L ��6 Attached please find a signed copy of a resolution memorializing the City Council's decision with respect to the appeal from the decision of the Heritage Preservation Commission for properiy located at 728 Euclid. Please place tkus on the Council's Consent Agenda at your earliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, � �� Peter W. Warner Assistant City Attorney OFFICE OF THE CITY ATTORNEY b�• �O 14 Clayeon M- Robinson, Jn, Ciry Attorney civitDivisiors 400CiryHall Telephone:651266-8710 ISWestKelloggBlvd. Frscsimile:657298-5619 Sairst Pau1, Minrsesota SSIO2 PWW/rmb Enclosure OFFKE OFLICENSE, lNSPECTIONS AND w � ENYIRONMENTAL PROTECTION (� Roger Cur[ig Director CITY OF SAINT PAUL Norm Co[em¢n, M¢yor LOWRYPROFESSIONALBUILlDNG 350 St Peter Sireet Suite 370 Saint P¢ul, Mirsnuota .i.i102-1�10 Telephone: 612-266-900/ Facsimile: 612-266-9099 ��'.� �'L+3��? �i3�i�'2' August 13, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: i �.�� . '-.;�'� � � �Q�� I would like to confirm that apublic hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the following heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. File Number: 4310 Purpose: Location: Staff : Appeal of a Heritage Preservafion Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euclid Street Did not recommend approval of building permit. Commission : Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, s Amy Spong Historic Preservation Specialist CC: Council Member Kathy Lantry Window Lite Home Improvements, Inc. .�•�,. NOTiCE OF PUBLIC HEARII�iG The Saint PaUI City Council wili con- duct a public hearing_ on Wednesday, September 5, 2001, at 5:30 p.m. ix� the C�ty Covncil Cfiambers, Thil�d Flaor Ci�3' Hall-Courthouse, 15 West Kellogg � Boulevard, Saint Paul, MN,�to consider,the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage�Preservation Cowmission denying a build'mg permit repSace wood windows with vinyl windows at 728 Euclid Street - Dated: August 15, 2001 , NANCX ANDERSON - elssistant City CouncU Secretary � fAa�gust 2tl) . - —ss�z 31: PAIIL LEGAL IEDGER =-- 0202612$ � - - 06-100.� � CITY OF SAINT PAUL Norm Colemnn, Mnyor August 13, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, MN SS 102 Dear Ms. Anderson: OFF/CE OF L/CENSE, LVSPECT/ONS AND ENVlRON,NENTAL PROTECT/O.N qp RogerCtv[is,Directm� O` �'��`1 LOWRYPXOFESS/ONALBUlLIDA'G Tefephone.612-266AOGl 350 St Peter Street Facsiurile: 612-26G-9099 Sxite 310 SaintPmd,d9inrcesotn 5�/02-1�10 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the follo�ving heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. • r 1 L J File Number: 4310 Purpose: Location: Staff : Commission Appeal of a Heritage Preservation Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euelid Street Did not recommend approval ofbuildin� permit. Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. 1VIy understanding is that this public hearing request will appear on the agenda of the City Council at your eariiest convenience and that you �vill publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, Amy Spong C �CJ Historic Preservation Specialist CC: Council Member Kathy Lantry Windo�v Lite Home Improvements, Inc. OFFICE OF L[CENSE, INSPEC710NS AND ENVIRONMENTAL PROTECTION Roger Cunis, Director • CITY OF SAL�IT PAUL Norm Coleman, May�or MEMORANDUNI TO: CC: FROM: RE: DATE: LOWRYPROFESSIONAL BUILDI.VG Suite 300 350 St Peter Street Sainf Paul, Minnuata SJ103-IS/0 City Councilmembers Peter Wamer, CAO Roger Curtis, LIEP Amy Spong, HPC staff HPC appeal for vinyl windows at 728 Euclid Street 8-28-01 � � _ �09.� Teiephone: 6�1-266-9090 Facsimile: 6il-266-9099 The following items highlight the events that have taken place and celate to HPC review of the permit application for vinyl windows for 728 Euclid Street, which is located in the Daytods Bluff Historic District: 1. LIEP receives a building permit application on January 11, 2001, to replace 12 windows. The applicant is Window Lite Home Improvements. 2. HPC staff leave messages January 30 and February 1 to get more information regaiding permit. 3. HPC staff sends letter to owner explaining Historic District and design review guidelines February 2, 2001 (Attt�chment A). 4. LIEP receives an HPC Design Review Application, and required photos and window detail drawing on February 14, 2001 From Window Lite Home Improvements (Attachment B). 5. HPC permit review/public hearing on March 22, 2001. No applicant or representative of applicant attends the hearing; item was laid over. Attachment C is excerpt of approved minutes for March 22, 2001. Attachment D is iesponse letter to applicant. (HPC staff, contractor for vinyl siding permit and owners met at site to discuss the historic district and process on March 23, 2001) 6. HPC permit reviewlpublic hearing on April 26, 2001. An hour prior to the public hearing the applicant, Window Lite Home Improvement, leaves HPC staff a phone message stating 1)their company already has a signed contract with the homeowner, 2)the homeowner gave the applicant a deposit, 3)the windows were already ordered and in a warehouse, 4)they would not be attending the public hearing, and 5�the applicant did not intend to give the owner the money back. • The owner attended the public hearing and a family member was present to translate. Excerpts from the approved April 26 meeting minutes are Attachment E. The commission offered to get free legal advice for the owners and formally denied both permits. It wasn't clear that the owner understood what both permits were proposing for her home. o � -l�qY • 7. HPC Chair contacu Mee Moua, an attomey at Leonard Sueet, who agreed to follow up with the firms real estate attomey and with 728 Euclid owners. The attorney helped the owners write a let[er (dated May 6, 2001) to the applicant regarding the permit situation (Anachment F�. 8. Window Lite Home Improvement contacts HPC staff by phone on June 22, 2001. 9. HPC permit review/public hearing on July 26, 2001. A representative from Window Lite Home Improvement and the owner attends the hearing. HPC denies permit application for vinyl windows (and conditionally approves permit application for vinyl siding). Attachment G is excerpts from unapproved minutes for July 26 public hearing meeting. Attachment H is the response letter to the applicant and the final decision including findings. 10. Applicant appeals HPC decision to city council, letter to request appeal is dated August 10, 2001 (Attachment n. • • • CITY OF SAIIVT PAUL IJann Co%man, it/ayor February 2, 2001 �Va Sena Yan� 728 Euclid Street St. Paul, MT,' S5106 �{-}-ac.hm e.x�i /�- OFFICG OP LICLNSF:, i�'SPEC(70\S A\D LNVIROVMEhTALPROTP�TLQ� P.ogerC�v[is,Direcmr O, � d LO:I'RYPROFESSIO��%1LEU/LDLG"G Telephone:6.j1-266-9094 s Svite 300 Fatsimile: 651-265-9099 3�0 Sf. Peter Sveet • Sa"rnt Paut, bfinrsesota SJ70?-/�/O � Re: 728 Euclid Street, Building permits for ivindo�v replacement and sidin� replacement Dear Mr. Seng Yang: • � Our department received two building permits for your property for new sidin� and window replacements. Because your property is located w�ithin the Dayton's Bluff Heritage Preservation District, all exterior work requires prior approval by the Heritage Preservation Commission (HPC). Exterior work is reviewed for compliance to relevant design guidelines. Please refer to the enclosed Dayton's Bh ff Historic District Handbook, page 1 S for guidelines reoardin� windows and pa�es ] 0 and 11 regardin� wood siding. _ -�. � At this time, HPC siaff cannot determine whether or not the proposed windo�v replacements compiy L �vith the design guidelines. Please submit photos of the existin� �vindows and a drawing of the , proposed �vindow replacements. Your windo�v supplier should be able to pro��ide a drawing. You � �vill note from the design guidelines that wood or atuminum-clad sash only replacements are the preferred option, however, some vinyl windo�3 s may bz acceptable if the windows closely match the dimensions and confi�uration ofthe existin� ��indo��•s. Repairin� and replacin� the wood trim `in- kind' is also recommended. A photo ]ocated in our office, shows the building currently clad �vith aluminum siding. Originally your house, �vhich was built in ]912, was clad with wood sidin�. HPC staff cannot approve the installation of new aluminum siding on your house. Please refer to pa�e 10, item 2 in the desi�n �uidelines handbook. It states: Buildings originally clacl in woodert sidi�7g shoulcl not be re-surfaced x ith ...vinyl or trlarminm�i siding. The Commission mcry coirsider the foZloiving e.rceptions to the installntion of vinyl, metal, or hnrdbourrl sirling on a case-by-case basis: A. In cases ivhere the existing asphalt, asbestos, nhrmnrtrm or vinyl siding is to bz remotied nrrd ivhere the z�nderlying original siding mtd clecorcrtive feat:mes are fou�rrl to be significarrtly deteriorated. Commission staff nu�st conduct n site visit d�mir7g the rernovnl process nrrd advise on appropriate treatment. IJi•inyl, metnl, or hardboard sicli�rg is nllotivecl... it must be of n width approprinte to the style of the bzrildir7g, ancl all nrchitectt�ral details i�:clarding tivirrclotiv h�inr, rorood cornices, ancl orname�:t �rnut ren:nin :mcovererL Replacement siding may coti•er only one lcryer of existi�Tg sidinc. o � - LDgY • At this point, HPC staff could approve a building permit to remove the aluminum siding to assess the condition of the existing wood siding. Staff would then visit the propeRy to evaluate the wood sidjng. If the wood siding is deemed irreparable acrd you still wanted to procezd with vinyl siding then a' permit review �vould be scheduled witU the Herita�e Preseroation Commission. t I spoke with John McCann, of Grayhawk Builders, �vho informed me that your existing siding had hail damage. The Commission applauds you for improving and maintainin� your home, however, the City's preservation standards are intended to retain the historical and architectural integrity of your neighborhood while maintaining or increasing the value of your home. I appreciate your prompt and timely response and hope that we can fully resolve this matter quickly. Please feel free to call me with any questions you may have at (651) 266-9078. Sincerely, C'�� Amy Spong • • �� Historic Preservation Specialist ca John McCann, Grayhawk Builders Tami 011ila, Windowhite Home Improvement Jim West, Building Inspector, LIEP Tom Riddering, Bui4ding Official, LIEP File 2 �-f -� ch m 2Ylf' � -�' 43 I 0 • � SAINT PAUL HERITAGE PRESERVATION SIT£S AItD DISTRICI'S D �- �O �l.Y DESIGN REVIEW APPLICAT`ION 5' K-� f <�L?� l0.:'�-i . SfTE ADDRESS: �Z� EvL�� S� P�'�- ��`� �� o � Name of applicant: Company: Address (include Zip Code): Phone number: L_J Appiicant's signature: Type of application: S cope of Work: (or attach `� Repair/Rehabilitation u �emoiiiion � Moving y of written d esc�ip6�on of q New Construction `. �•- u .�iyi i O Concept Review Only D Oiher � ��EPc.A�-EivlEr�T" U� �X1S rLL� i�e�(3�� vtSC� li� ((�ll�� nP�� rtC� � gE 1��.� r lt��r��z� ��' ca� G�k� „�1C,, -�, t3E t-E�- , AS (5 G�-� ��"-t�S �� (Y1r'�r-e i-I �X\Si1l�1 Ca , ��t-ll�oW �-'-f' 1a(tttT� 11 �c1`f�- ��' C"�SZ2�VV� MCi-lt�v�-�L�-Evr'2ct 1 Z� ��t'L� 5c� I�u •P�i E� ��, U� o�� 1�CSS o�' �1 �-'` �l� ls -�"_cG�:..>�P-�� t c_r� - :t�� V�.?E.t1 �JUI� i�vr[C 4c.�ll�lSx=c�:� W�'� ��3�.� - �JJ�.S & c.l�c i�.�'''h�c��l HO4��(�� V� tr-177c�.J A ttach a dC'2ona/ sheets H neccessary Conditions and Materials: \ J Materials included: (See reverse side for requi�ements) ❑ 3 copies of plans � Building permit application � Other ❑ Site plan '�,Photographs FOR OFFICE USE ONLY: File Number: Category: ❑ Minor o MaJerate ❑ Major 3 Date C>L- � -�` O 1� lAgy • • ..:�a? � 4 �� - �u- ��°� "° ` { �, ------` � � �_"____ --------' _---�- ��-.-�---- -�--=�'_-_ z� �:� �-; � z t�� .� w -I _�� • � z, � � G s � • � � a�-1�a6' � �. � y �_ J � �" �- �' ' � � r � L rJ � � � � .� , (J �� _�� `�� . � � �� M � �� L � � � F � � � � > J � J� �� n � � W W � � � � ��G o n p �� _ X � �J � _ r � � ` � �; � x� N �V � :5 -r J� �G � �� v� � — �� G �n � . Scott made a motion to lay the item over. Bartlett Foote offered a second. The motion carried unanimously. 5. Announcements: • Spong announced that Benanav had withdrawn the resolution regarding the EAW. • Spong reported that the house at 259 Maria had intact wood siding on it and that the Dayton's Bluff NHS will restore it. • The education committee will meet Apri15 at 7:30 a.m. at Dan ScotYs office to plan Preservation Week events. Errigo gave an update on the meetings he had regarding Sibley House. • 6. Adjournment: 6:47 p.m. Su d i off aff • �ac.�lr'rl e..rt'� n /�raVect n�-� n u ke s o� Mar cL. ?�Z,�eG l� -��; c, L 1 ✓�� - Bellus stated that he will pass the residents concems on to other agencies that handles these types of ; p 1_ �a q� issues. _ ;. . Errigo moved approval of the staff recommendation and the new proposal provided that is 3' reviewed by staff and Paul Larson. Benton offered a second. The motion carried unanimously. r� • 728 Euclid - Building permit to install vinyl �r The applicant was not present to speak to this issue. The commissioners debated about how to handle the issue. Younkin recommended denial because the application is incomplete. Bellus stated that it should be laid over because it is not complete. SlQadsld suggested that the Commission delegate approval of the permit to staff. Younkin disageed and said that a zequest for vinyl siding is an extenuating circumstance and that the Commission needs to review this. Page 4 of 4 � • CITY OF SAI�TT PAUL A'ornt Colemmi. Ma}'or P.�Ill 2.� 2.��1 Mark Knutson SVindoevlite I-Iome Improvements 8400 89"' Aeenue N. #460 �-} e.n�' Oi=fICEOF LICF\S[, NSPCCTIOYS AND E\\'IRO\)fE�TAL PROTLCT[OS P.oger Q�rti>, Diret�or LOi%P.YPROPESSIO;\:9L BUII.DL�'G Suite 300 3�0 St Peter S!�ee: S^int Paid. A1i+mesoln 5510?-I�l D Brook]}m Park, MN 55445 Re: 72S Euclid Street, Dayton's I31uff fIistoric District File #4310, building permit • u Dear Mr. Knutson: � � ��D Te(epl:a:e: Gil-36G-9093 Fhcsimi7e: 6i 1-26G9J'l9 The Heritage Przservation Commission (I-IPC) considerzd ai its t�4arch 22, 2001 meeting your application to install vinyl windows on the property lutzd abo� e. The commission voted to lay o�'er this item until the next permit review/public hearino meetm� on April 26, 2001 because no one «'as present to represent the apphcant or the o��ner. repo -. _ - representatice should plan to be at the next meeting to 2�'oid furthzr delays. I met with the o«ners on March 23, 3001 to di;cuss another buildina permit for �inyl siding. It «'�s determined that if the owners submit photos and addihonal information by Apri1 11, the permit for vinyl sidin� «ould bz on the aeeada for April 26, 2001. Bofn pemuts, one fo; windows and the o±her for siding. will bz presented to the commission on April 26. I�cill send an April a�enda and the stafi rt�`Titten for the b4arch 2� 2001 mzetine prior to April s meztine. You or an o«ner's Please feel frez to call me at 651?66.9075 if }�ou ha�e any quzstions. Sincerel}, Amy Spon� Historic Przservation Specialist Enclosurz CC: \Va Seng }'an„ oumcr ]iall Khue, family member Juhn hicCann, Grayha�vk Builders File copy � � �cppravec� M.i,nJ�cg o� ��t 2(o�2a • �-�—�ac,hm�+ ��;� �lews�� Motion to lay the issue over for two weeks (Larson). tiSeyer offered a second. Motion carried unanimously. 6 1 - �D9p' Commissioners reiterated to the applicant that she needs to get come back with: • The extent of the replacement -�;� Permit for the driveway More bids from contractors that have dealt with specific issues � 728 Euclid - Building permit to install vinyl ivindows and vinyl siding (two agenda items, conducted as one item) Spong reviewed her staff reports. Spong also stated that she received a phone call from the Window Lite representative who stated that the windows had been ordered and were in their warehouse and that they would not refund the owner's money if the permit is not approvzd. Younkin questioned if staff laiew when the windows were ordered versus when the Commission found out about the issue. It is likely the windows were ordered before application for the permit. • r � L_J A representative of Grayhawk Builders, the firm who will replace the siding, stated that their firm will not cover the aluminum (as stated by staf�, that it will remove it all but the trim and the wraps and replace it with vinyl. Spong stated that Grayhawk told her they would cover the siding. Larson questioned if the contract for work was signed before the permit was pulled. Grayhawk stated that it was - that the contract is typically the first step. Lee Meyer questioned who is responsible if the permit is not approved. Bellus requested that Hargens chair the meeting. Bellus leaves (6:04 p.m.) %Tku an interpreter, the homeowner stated that she simply wants to repair areas of her home that were damaged by hail last year. Hargens questioned if the applicant understands that the contract is for her whole house? Homeowner responded that there is a misunderstanding because she wants only the damage fixed. Homeowner is frustrated that she cannot get what she k�ants. Insurance estimator contacted homeowner to contact the siding company, but there wasn't enough money to cover the entire bid. (Bellus retums - 6:08 p.m.). Larson stated that it appears the homeowner has two contracts that she doesn't want. Grayhawk offered to put 3.5 inch siding on the house and maintain the same color. Hargens asked Grayhawk if he understands that the Commission wants him to sit down with the homeowner and figure out what she wants/needs. Spong suggested that the proposalS be withdrawn since the homeowner does not want them. Commissioners agreed, but Wilsey stated that the Commission must act on the issue with the windows because the homeowner won't get her money back. Homeowner stated that she has put $3400 down for the windows. Homeowner questioned why the HPC won't approve the request. Younkin stated that the windows are Page 3 of 5 R lJ not the same size as the originals and that the HPC prefers wood windows that match existing. � Bellus suggested that the HPC assist the homeowner in finding a pro-bono attomey to help her. ��'�� • Errigo said that the Commission should formally deny both applications. Younkin said that he prefers fo approve the removal of the aluminum and assess what is undemeath. ; Errigo suggested that the Commission approve the staff recommendation and that should cover it. Homeowner asked if she would win if she took the issue to court. Bellus said that he didn't lmow, and that is why she needs an attomey's help. Emgo stressed that the HPC is not trying to do anything that will make the homeowner lose her insurance money. Homeowner said that she does not lmow if the windows were ordered. Spong restated that the windows were ordered and have arrived. Motion to deny both permits (Errigo). Larson offered a second. Motion carried unanimously. Grayhawk asked what the next steps are. Commissioners said that the permits were denied and that he needs to work with his client. l93 Pennsylvania Avenue - application for a sign permit • Spong reviewed her staff report. Younkin asked where the signs will be attached. Staff pointed out the location on the photographs. Larson asked if the Commission can approve the request on a temporary basis. Spong advised to review it as a pernanent request because 1-2 years is a long time. The applicant, George Bergh, stated that the museum is now open and that it needs signage to direct people. He also stated that the signage is low on their priority list and that they don't want to spend a lot of money for a temporary sign. Younl:in moved approval on the condition that the sign is removed within three years. Lee Meyer offered a second. The motion carried unanimously. 252 Maria Avenue - for a building permit to replace an asphalt shingle roof (work was already completed without a building permit or HPC approval). Spong reviewed her staff report. Homeowners, Jesse and Jayce Hemandez, stated that they had water leakage into their home and that friends and relatives offered to help them put on a new roo£ Mr. Hemandez stated that he had eye surgery the day the inspector came out and that he was not at the property. He stated that he was not aware he was in a historic district and that he needed the permit even if he did the work himself. • Larson asked the applicant if he was aware that he could change the color of the roofing materials before it was completed. Hemandez said that the work was already mostly complete when the inspector cited him. Page 4 of 5 I _ _-- ---- . _ .�_ ._. _ . _ — ' Amy S_pong - home doc Pa e -- 9 1 f�-�c.hmevr� • • Wa Seng Yang 728 Euciid St. St. Paul, MI� 55106 May 6, 2001 Window Lite Home Improvements, Inc. 8400 89th Avenue N., Suite 460 Brooklyn Park, MN 55445 Dear Window Lite Home Improvements, Inc.: � b1-1�`1 ;` On December 9, 2000, my wife and I hired you to replace the windows on our home at 728 Euclid St, in St. Paul, Minnesota. At the time, we gave a deposited in the amount of $ 3450.00. We hired you because of your representation that you are a professional company with the right expertise to get the job done for us. We relied on your representation and counted on your expertise. About a week ago, my wife was asked to attend a hearing at the St. Paul Historic Preservation Commission because you applied for a permit to put the improvements on our house. Even though you were the contractor- applicant, you did not show up at the hearing. My wife was questioned about the window improvements in her capacity as the homeowner and she had no answers for the Commissioners. In the end, we were told that the windows you planed to install are not in compliance with the City's guidelines, and that YOUR application was denied. The staff person at the Commission also informed us that you have communicated to the Commission that if you could not install YOUR non-compliant windows, than you did not intend to complete the job and that you intend to keep our deposit. This letter is to confirm if you intend to cure the application and appeal the Commission's denial so that you can get the permit to do the job as we agreed to on December 9, 2000. We are willing to work with you to obtain the necessary permission to do the renovations, even if it does mean that we �� ._ --. _. . _...... _ _ - Amy Spong - home.doc _ _ _ _ _ _ __ _ _ Page � l -t�9Y; � ,._ . : • • have to appeal the application. However, we do believe that, as the contractor, it is ultimately your responsibility to get the necessary approvals and if you cannot get the necessary approvals to get the job done, you must notify us as soon as possible so that we can consider other options. Most importantly, if you do not intend to move forward with the improvements, we demand that you return our fuil deposit to us. We look forward to hearing from you by the end of the week. You may respond to us at the above address or call us at the following telephone (651) 771-7762 or 771-6501, and ask to speak with our daughter Ker Yang, who will be our interpreter. Sincerely, Wa Seng Yang Tia Kue Yang �� f��a-c,l� me..�-� � MINUTES OF THE HERITAGE PRESERVATION COMMISSION CITY OF SAIIQT PAUL, MINNESOTA Room 40, Lower Level, City HalllCourt House July 26, 2001 a � -l�g�' Present: 7ames Bellus (chair), Judith Benton, Susan Bartlett Foote, Joseph Erri�o, Lee Meyer, Ray Meyer, Shari Taylor Wilsey and Richard Wolfgamm Absent: Gar Hazgens (excused), Paul Larson (excused), Richard Murphy (unexcused), Dan Scott (excused), Dudley Younldn (excused) Staff Present• Julie Hoff John Slffadski and Amv Spone CALL TO ORDER: 5:07 p.m. • II. A1VNOiJNCEMENTS - There were no announcements. III. APPROVAL OF THE AGENDA - The agenda was approved after removing Item I, a building permit request for 339 Summit Avenue. N. PERMIT REVIEW/PUBLIC HEARING A. 728 Euclid Street - Request for a building permit to a install vinyl windows Spong reviewed her staff report which did not recommend approval of the building permit as proposed. However, staff would recommend approval of the window replacement if only the existing sash be replaced with wood to match the existing window dimensions and proportions. Due to language barriers, the applicanYs brother-in-law read a letter from the applicants. John Lauer, Sales Manager for Window Lite, showed picture of nearby homes that have vinyl siding and windows and made the argument that it is not appropriate to prevent these homeowners from having vinyl windows and vinyl siding when many other nearby properties are not in compliance with heritage preservation guidelines. Lauer stated that he cannot refund the applicanYs deposit even if the permit is not approved and that further questions would have to be directed to the owner of the company. Wilsey questioned why the company didn't pull the permit first. Lauer stated that he did not laiow. Wilsey commented that the company did not follow the appropriate process. Errigo made a motion to approve the staff recommendation. Benton offered a second. The motion was approved unauimously. B. 728 Euclid Street - Request for a building permit to install vin�l siding Spong reviewed her staff report which did not recommend approval of the building permit. • However, Spong did state that the Commission had reviewed a similar request recently, and in that case, the Commission did approve the request. � 1Z �►-to9� • Foote asked about the condition of the siding undemeath. Spong replied that it is difficult to assess without exposing more areas. Lee Meyer asked about how this situation is different from the one that the Commission approved. Spong stated that the owner in the previous situation refused to remove any siding to see what was undemeath. This case is similar to the last in that both were insurance claims from hail damage and were only covering expenses to replace their aluminum with like materials. Wilsey made a motion to approve the request with the staff recommendation that the vinyl siding be of a width, texture and color that closely matches the original wood siding. Also the removal of the aluminum and installation of the vinyl should be done in a manner that will not further damage or destroy the underlying wood siding. Ray Meyer offered a second. The motion carried five in favor, two opposed (Bellus and Errigo) with one abstention (Benton). The meeting was adjoumed at 7:05 p.m. Submitted by: Julie Aoff • Staff • �� -+�.�,m�t a� OFFICE OF LiCE\SE, iVSPECTIOVS A�D EtiVIRO?i�IENTALPROTECT10ti Roger Curtis, Direc[or V�'��1 CITY OF SAINT PAUL Norni Cofenmq hfay�ar July 27, 2001 Mark Knutson �Vindowlite Home Improvements, Inc. 8400 89`" Avenue N. Brooklyn Park, NN 55445 LO[t�RYP?,OFESS/O.VAL BU/LDl:VG Suite 300 350 Sc Peter Sireet Snin� Pa�e{ blinrsesoln SS/02-I.i10 Re: 728 Euclid Street, Dayton's Bluff Historic District File �4310, building permit for vinyl windows Dear Mr. Knutson: Te[ephorse: 65/-?66-909,0 Facsimile: 65l-266-9099 • As you know, the Heritage Preservation Commission (HPC) considered at its July 26, 2001 meeting your application to install vin}•I «'indows to the property listed above. The commission voted 8 to 0 to deny your application. This dzcision was based on the findings included in the attached staff report. You or any a;grieved party has the right to appeal the Commission's decision to the Saint Paul City Council under Chapter 73 of the Saint Paul Legislativz Code. Such an appeal must be filed �vithin 14 days of the date of the HPC's order and decision. Chapter 73 statzs: (h) Appeal to ci!}� council. The pern�it app/ica�tt or any pnrty aggrieeecf b}� the decisioa ofthe keritage preservn�ia� co�nmission shall, wi�hin fomYeen (14) da}s o dte dnte oJtGe heritage presenntion conu+�issio��'s a��fer and decisio��, hnre a right to trppea! such order n��d decisia� to the city� co�mcil. The appen! sl�al! be deeined pmfected upa� receipt b}' t/ie dirisiw� afplaiining of tti�o (2) copies of a aotice oj appeal a��d statenien( setting fmd� the groinids for the appeal. The dirision of plmming skall h'mumit one cop}• ojthe �rotice of appea! and sta�en�ent to tke cig� coimci! and aie copy to the heritage preservatio�� conur�issimt. Tlre conurtission, iii mry uritte�� order dert�•i�rg a pern�it npplicatiat, s1rn11 advise the appl�cmit oJthe rigk! to appeal to the ciq� co�u�cil m��l iitcli�de tkis pnrngrnph in nl! such a ders. Please feel free to call me at 651.2G6.9078 if you have any questions. -A�� a Sincerely, • Am�• Spon� Histuric Preservation Specialist cc: �\'a Seng 1'ang, o�vners Jim �Vest, Building Inspector H f� File File ; 4310 • CITY OF SAINT PAUL ��-1� • • FILE NA�l�1E: 728 Euclid Street DATE OF APPLICATION: February 14, 2001 HERITAGE PRESERVATIO\ C011�IISSION STAFF REPORT = ;' APPLICAI�TT: �Vindo�a Lite Home Improvements DATE OF HEARIi�IG: July 26, 2001 (Laid over from April 26, Z001) HPC SITE/DISTRICT: Dayton's Bluff Herita�e Presero�ation District CATEGORY: contributin� CLASSIFICATION: building permit STAFF TNVESTIGATIO\T AI�'D REPORT: Amy Spon� DATE: July 19, 2001 (re��ised July 27, 2001) A. SITE DESCRIPTION: The structure at 728 Euclid Streei is a two and one-half story post-Victorian built in 1912. The im�entory forni classifies the structure as non-contributing to the Dayton's Bluff Historic District, however, gieen the date of construction the structure contributes to a si�nificant time period for the Dayton's Bluff Historic District. The asphalt roof is hipped with gables and the �vood framed �valls have alimiinum on dapboard and the porch is enciosed. The ori�inal owner was Joseph L. McGuire who «�as listed as an en�ineer for a local en�ine company. B. PROPOSED CHANGES: The applicant is proposin� to remove the existing windo�v sash to install ne�v ti�inyl frames and sash �� ithin the existin� windo�c frames on approximately 12 �vindows. Staff was unable to contact the applicant to determine the exact location of the ��indow replacements. C. GUIDELINE CITATIONS: Darton's BltejfFlistot•ic DisU•ict Ga�ide(iires (1992) Genera! Priirciples: 1. All n orJc shotdd be of a clrm acter afid qualit}' dint maiatains the distiiiguishin� features of rke build�n� and the enviro�7ment. Tlie removal or alteration of distinctive ardtitecnn al feahu es sJrould be ai•oided as slmtdd alteratia7s tl:at kave i7o l+ista icnl basis a��d tir{iidt seek to create mi earlier appecu�curce. Tl�e resto� ation of altered original featiu�es, rf doctunentable, rs encom•aged. 3. Drteriorcrted ar�cliitect�u•al fentur�es sl�ould be r epaired rntl:er tkai� replaced irke�tei�er possible. Lt the ei•e��! of repincemeiit, �:ei� materials shou/d nratcli the origi�ial irt conaposrtion, design (includi�e� consirler�atiori of pr oportio�i, te.rt�u�e and detai!), color mid oreral! appenrairce. [I'ii7doi�s 1. St_e aitd Shape. Esistiitg ivindoics aitd door ope��ings slrould be retair�e�l. It ir.rloiv ope�ii�igs shoirld �+or be enlarged or reduced to fit new units. fVetir ticindoic opei�ings sho�dd not be intraduced into priifcipal elevatioiis. 3. Sash. Tke si=e aru! nuntber of pmzes of glass in each sash should not be ntterzd New sash, if installed, should d«p[icate the esistuig a odier appropriate models. Gmik-out or'sliding units are not appropriate r�eplaceme�rts for single or� doirble-hm�g saslt. 3. Trin�. Historic u indotir casings or s�urozurds sko�dd be retained tirherever possible; if replacen�eat is necessm}• the origina! profile sho�dd be replicated. I� File r4310 —'. • D. FINDINGS: ' - 6 �_►o°t fl l. The structure is considered non,contributin� to the Dayton's Bluff Historic District, however _ given the date of construction, the structure contributes to a si�nificant time period for the ;` Daycon's Bluff Historic District. . 2. The proposed windotivs do not comply with the guidelines that do not recommend reducing the ` ori�inal openings to fit new units and do recommend duplicatin� ori�inal materials or other appropriate models. . � I W �� •� �i� _ r � � . _- � ,� . �� Windows • Siding Kitchens • Baths & More Friday, August 10, 2001 �-�{- me.r�1' CROSSTOWN NORTH BUSINESS CENTER #4 SUITE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 � a 1-1 �k� ;' PHONE 763-425-2227 FAX 763-425-9136 www.windowiite.com Saint Paul City Council 350 St. Peter Street Suite #300 Saint Paul, MN 55102 Re: 728 Euclid Street, Daytons Bluff Historic District File 4310 Building Permit for Vinyl Windows • Dear Saint Paul City Councii: On July 26'�, 2001, the heritage Preservation Commission (HPC) denied our application to install vinyl windows on the home of Wa Seng Vang. Under Chapter 73 of the Saint Paul Legislative Code; being an aggrieved permit applicant we are exercising our right to appeal the order and decision to the Saint Paul City Council. The grounds of our appeal are as follows: Window Lite understands and agrees that historic design and character are vital to ensuring that the 1992 Daytons Bluff Historic District Guidelines are maintained. 2. Under Generai Principles 1. • All work should be of a character and quality that maintains the distinguishing features of the building and the environment. The removal or alteration oi distinctive architectural feafures should be avoided as should alteratrons that have no historical basis and which seek to create an earlier appearance. The restoration of altered original features, if documentable, is encouraged Currently the home at 728 Euclid has aluminum storm windows instailed in the 1960's. Our industry now acknowiedges the lack of efficiency and propensity to promote dry rot of the original windows behind the storms. Our proposai for vinyl repiacement windows will, in fact, restore the original appearance much closer to that of the original structure. The original structure had no historic grid pattems or architectural glass in any of the windows proposed for replacement. f� • Page 2 Y � � r •� �-� TM Windows • Siding Kitchens • Baths & More 3. August 10, 2001 CROSSTOWN NORTH BUSINESS CENTER #4 SU1TE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 o t —ic�y� ;` PHONE 763-425-2227 FAX 753-425-9136 www.windowlite.com Under General Principles 3. Deteriorated architectura! features should be repaired rather than replaced whenever possible. In the evenf of replacement, new materials should match the original in composftion, design (including consideration of proportion, texture and detail), color and overall appearance. Repairing the houses originai single pane windows and removing the 1960's era aluminum storm windows �rrould create a hardship to the Wa Seng Vang family. Already in the winter of 2000 the family spent $1200 for heating in a 3 month period with the storm windows now in use. • With regards to the composition issue, the HPC at the same hearing on July 26 2001, approved the application of vinyl siding on the residence at 728 Euclid Street. The only wood replacement window available on the market is manufactured by Marvin Windows. The Marvin window requires the use of a storm window in Minnesota to meet Minnesota's U-value requirement. Therefore we contend that it is not possible to comply wifh principle 3, without altering the architectural appearance more than the replacement vinyl ' windows_ The replacement vwndows will improve the historical character of the home by eliminating the silver aluminum storm windows. In addition, the Wa Seng Vang family will gain tremendous savings in their energy bills, eliminating a substantial hardship to a working family. 1. 2. • Windows Item 1. Size and Shape. Existing windows and door openings should be retained Window openings should nof be enlarged or reduced to fit new units. New window openings should not be introduced into principle efevations. The replacement windows are custom made to fit into the current openings, the openings witl not be enlarged or reduced. The frames of our windows are low profile 1-1/4" which fit inside the stops of the existing windows. Windows Item 2. Sash. The size and number of panes of glass in each sash should not be altered. New sash, if installed, should duplicate the existing or other appropriate mode/s. Crankout or sliding units are not appropriate replacements for single or double-hung sash.. The size of sashes and number of panes are not changing and will duplicate the origina! double-hung style. r � a � � i �� r � TM � Windows • Siding Kitchens • Baths & More August 10, 2001 D � - l�q� CROSSTOWN NORTH BUSINESS CENTER #4 _ SUITE 460-8400 89`" AVENUE NORTH ;' BROOKLYN PARK, MINNESOTA 55445 PHONE 763-425-2227 FAX 763-425-9136 • www.windowlite.com The size of sashes and number of panes are not changing and will duplicate the original double-hung sryle. 3. Window Item 3. Trim. Historic window casings or surrounds should be retained wherever possible,� if rep/acement is necessary the original profile should be replaced. The historic wide trim will remain unaltered. In conclusion, the commissions findings that our window will not fit the original openings are incorrect; they wi�l fit the original openings because, these are custom made replacements. Secondly, recommending duplicating original materials on our project while approving vinyi siding on the same residence appears capricious and discriminatory. The Wa Seng Vang family simply wants to improve • their home, as well as the neighborhood (see attached photos of other homes surrounding 728 Euclid Street). We appreciate the Saint Paul City Counci(s attenfion fo fhis matfer. ' Sincerel ;-� � /" Jim Lamoureaux President Window Lite Home Improvements, Inc. Attachments kv • I� Council File # O �� p �,� �RIGf�AL Presented By Referred To Green Sheet # � �i 5'7 �� Committee: Date 2 Whereas, Window Lite Home Improvements made application to the Heritage 3 Preservation Commission (HPC) on February 14, 2001 for a building permit to install twelve 4 vinyl replacement windows in a residential property commonly known as 728 Euclid Slreet in the 5 Dayton's Bluff Historic District; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, a public hearing on the application was duly scheduled for Mazch 22, 2001. However, the applicant did not appeaz at the public heazing and the matter was laid over to April 26, 2001. The applicant was norified of the layover date by letter dated Apri12, 2001. In the interim, HPC staff inet with the owners of the real property at 728 Euclid to discuss the application being made on their behalf; and Whereas, on Apri126, 2001, the matter was again considered by the HPC. The owner of the property appeared. However, Window Lite did not. Following the public heazing, where all interested persons were given an opportunity to be heazd, the HPC denied the application because the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992) in that the replacement windows were not the same size as the original windows and because their vinyl cladding the did not match the wood exterior of the structure; and Whereas, the HPC considered the application once again at a public hearing on July 26, 2001. Once again, Window Lite did not appear. At the close of the public heazing, the HPC moved to deny the vinyl window application based upon the following findings and conclusions contained in the HPC's staff report dated July 19, 2001 that the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992): 1. The structure is considered non-contributing to the Dayton's Bluff Historic District, however, given the date of construction, the structure contributes to a significant time period for the Dayton's Bluff Historic District. 2. The proposed windows do not comply with the guidelines that do not recommend reducing the original openings to fit new units and do recommend duplicating original materials or other appropriate models. Whereas, the decision of the HPC to deny the building permit was transmitted by letter to Window Lite on July 27, 2001; and Whereas, pursuant to the provisions of Section 73.06, Window Lite duly filed with the City Council an appeal from the determination made by the HPC and requested a hearing before the Council for the purpose of considering the actions taken by the HPC; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2 Whereas, acting pursuant to Sections 73.06, and upon notice to affected parties a public 3 hearing was duly conducted by the City Council on Wednesday September 5, 2001 where all 4 interested par[ies were given an opportunity to be heazd; and 6 Whereas, the City Council, having heazd the statements made, and having considered the 7 application, the report of staff, the record, minutes and resolution of the Commission moved to 8 deny Window Lite's appeal. The motion failed and there was not morion to grant the appeal; 9 10 il 12 13 14 NOW, THEREFORE, BE IT RESOLVED, that the original decision of the HPC to deny the building permit, dated July 27, 2001, remains in full force and effect; b�-�oq�' AND BE IT FINALLY RESOLVED, That the Council Secretary shall mail a copy of this resolution to Window Lite, the Zoning Administrator and the Heritage Preservation Commission. �RIGI�IAL Requested by Department of: Adoption Certified by Council Secretary � — . • - �. /�� ✓ � �/ �/�� % By: Form Approved by City Attamey By: � WW�� J� R —C� ( Approved by Mayor for Submission to Council By: Adopted by Council: Date ��T J O� ��w��. Kathy Lanhy 266-86I0 October 24, 2001 w�t wrt RqrtYlf. ORGFR TOTAL # OF SIGNATURE PAGES GREEN SHEET oa�rowrtrae a� -iaq�' N� 113654 arvcawca. ❑ MYAiTqOEY ❑ OIYUFAIt ❑wuucvaao�xcaow. ❑puxau.a ❑�I1Ypt10M1�4Ta1R� ❑ (CLJP ALL LOCATIONS POR SIGNATURE) Memorializing City Council action taken September 5, 2001, denying the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage Preservation Commission denying a building permit to replace wood windows with vinyl windows at 728 Euclid Street. W PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION WMre. W�Y) SOURCE RSONAL SERVICE CONiRAGfS MUST ANSWER THE FOLLOW WG QUESRONS: H8S �FIIS P��(111 CRf NOfkEE IIMM 2 COIItrdC1 fOf �fli6 d2p2f1RIEI1Y7 YES NO Hes tlua ce�somhrm e�M bem a dly dnPbYee7 YES NO Does ihis persorJfirm P�� a sidll rat mm�albP�d bY anY curreM citY �D�oY�? YES NO Is Mis peisaJfirm a tarpHetl vendoR YES NO COSTIREVENUH BUD6ETm (qRCLE ON� ACTNIiY NUfAeER iNFOw.anor+(owwM YES NO ✓ a �-to �tr NOTICE OF PUBLIC HRARING Notice is hereby given that the petition of the City of Saint Paul, for the vaca�ion of that part of Hoyt Avenue between Kennard and Flandrau as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 7th day of November, 2001 at 5:30 P.M. Dated October 9, 2001 Shari Moore Deputy City Clerk (October 15, 2001) mm'VSC:.«�-. i-2L`�v�'v'� �et�Y;bin..i� � � � ' a �� CITY OF SAINT PAUL Narm Colerrsan, Mayor October 10, 2001 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 728 Euclid Dear Ms. Anderson: t�e. 7 r, .ea�'rh t``� �� r� .�a. �n � q �+.%�9 � .� .`L ��6 Attached please find a signed copy of a resolution memorializing the City Council's decision with respect to the appeal from the decision of the Heritage Preservation Commission for properiy located at 728 Euclid. Please place tkus on the Council's Consent Agenda at your earliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, � �� Peter W. Warner Assistant City Attorney OFFICE OF THE CITY ATTORNEY b�• �O 14 Clayeon M- Robinson, Jn, Ciry Attorney civitDivisiors 400CiryHall Telephone:651266-8710 ISWestKelloggBlvd. Frscsimile:657298-5619 Sairst Pau1, Minrsesota SSIO2 PWW/rmb Enclosure OFFKE OFLICENSE, lNSPECTIONS AND w � ENYIRONMENTAL PROTECTION (� Roger Cur[ig Director CITY OF SAINT PAUL Norm Co[em¢n, M¢yor LOWRYPROFESSIONALBUILlDNG 350 St Peter Sireet Suite 370 Saint P¢ul, Mirsnuota .i.i102-1�10 Telephone: 612-266-900/ Facsimile: 612-266-9099 ��'.� �'L+3��? �i3�i�'2' August 13, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: i �.�� . '-.;�'� � � �Q�� I would like to confirm that apublic hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the following heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. File Number: 4310 Purpose: Location: Staff : Appeal of a Heritage Preservafion Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euclid Street Did not recommend approval of building permit. Commission : Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, s Amy Spong Historic Preservation Specialist CC: Council Member Kathy Lantry Window Lite Home Improvements, Inc. .�•�,. NOTiCE OF PUBLIC HEARII�iG The Saint PaUI City Council wili con- duct a public hearing_ on Wednesday, September 5, 2001, at 5:30 p.m. ix� the C�ty Covncil Cfiambers, Thil�d Flaor Ci�3' Hall-Courthouse, 15 West Kellogg � Boulevard, Saint Paul, MN,�to consider,the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage�Preservation Cowmission denying a build'mg permit repSace wood windows with vinyl windows at 728 Euclid Street - Dated: August 15, 2001 , NANCX ANDERSON - elssistant City CouncU Secretary � fAa�gust 2tl) . - —ss�z 31: PAIIL LEGAL IEDGER =-- 0202612$ � - - 06-100.� � CITY OF SAINT PAUL Norm Colemnn, Mnyor August 13, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, MN SS 102 Dear Ms. Anderson: OFF/CE OF L/CENSE, LVSPECT/ONS AND ENVlRON,NENTAL PROTECT/O.N qp RogerCtv[is,Directm� O` �'��`1 LOWRYPXOFESS/ONALBUlLIDA'G Tefephone.612-266AOGl 350 St Peter Street Facsiurile: 612-26G-9099 Sxite 310 SaintPmd,d9inrcesotn 5�/02-1�10 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the follo�ving heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. • r 1 L J File Number: 4310 Purpose: Location: Staff : Commission Appeal of a Heritage Preservation Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euelid Street Did not recommend approval ofbuildin� permit. Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. 1VIy understanding is that this public hearing request will appear on the agenda of the City Council at your eariiest convenience and that you �vill publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, Amy Spong C �CJ Historic Preservation Specialist CC: Council Member Kathy Lantry Windo�v Lite Home Improvements, Inc. OFFICE OF L[CENSE, INSPEC710NS AND ENVIRONMENTAL PROTECTION Roger Cunis, Director • CITY OF SAL�IT PAUL Norm Coleman, May�or MEMORANDUNI TO: CC: FROM: RE: DATE: LOWRYPROFESSIONAL BUILDI.VG Suite 300 350 St Peter Street Sainf Paul, Minnuata SJ103-IS/0 City Councilmembers Peter Wamer, CAO Roger Curtis, LIEP Amy Spong, HPC staff HPC appeal for vinyl windows at 728 Euclid Street 8-28-01 � � _ �09.� Teiephone: 6�1-266-9090 Facsimile: 6il-266-9099 The following items highlight the events that have taken place and celate to HPC review of the permit application for vinyl windows for 728 Euclid Street, which is located in the Daytods Bluff Historic District: 1. LIEP receives a building permit application on January 11, 2001, to replace 12 windows. The applicant is Window Lite Home Improvements. 2. HPC staff leave messages January 30 and February 1 to get more information regaiding permit. 3. HPC staff sends letter to owner explaining Historic District and design review guidelines February 2, 2001 (Attt�chment A). 4. LIEP receives an HPC Design Review Application, and required photos and window detail drawing on February 14, 2001 From Window Lite Home Improvements (Attachment B). 5. HPC permit review/public hearing on March 22, 2001. No applicant or representative of applicant attends the hearing; item was laid over. Attachment C is excerpt of approved minutes for March 22, 2001. Attachment D is iesponse letter to applicant. (HPC staff, contractor for vinyl siding permit and owners met at site to discuss the historic district and process on March 23, 2001) 6. HPC permit reviewlpublic hearing on April 26, 2001. An hour prior to the public hearing the applicant, Window Lite Home Improvement, leaves HPC staff a phone message stating 1)their company already has a signed contract with the homeowner, 2)the homeowner gave the applicant a deposit, 3)the windows were already ordered and in a warehouse, 4)they would not be attending the public hearing, and 5�the applicant did not intend to give the owner the money back. • The owner attended the public hearing and a family member was present to translate. Excerpts from the approved April 26 meeting minutes are Attachment E. The commission offered to get free legal advice for the owners and formally denied both permits. It wasn't clear that the owner understood what both permits were proposing for her home. o � -l�qY • 7. HPC Chair contacu Mee Moua, an attomey at Leonard Sueet, who agreed to follow up with the firms real estate attomey and with 728 Euclid owners. The attorney helped the owners write a let[er (dated May 6, 2001) to the applicant regarding the permit situation (Anachment F�. 8. Window Lite Home Improvement contacts HPC staff by phone on June 22, 2001. 9. HPC permit review/public hearing on July 26, 2001. A representative from Window Lite Home Improvement and the owner attends the hearing. HPC denies permit application for vinyl windows (and conditionally approves permit application for vinyl siding). Attachment G is excerpts from unapproved minutes for July 26 public hearing meeting. Attachment H is the response letter to the applicant and the final decision including findings. 10. Applicant appeals HPC decision to city council, letter to request appeal is dated August 10, 2001 (Attachment n. • • • CITY OF SAIIVT PAUL IJann Co%man, it/ayor February 2, 2001 �Va Sena Yan� 728 Euclid Street St. Paul, MT,' S5106 �{-}-ac.hm e.x�i /�- OFFICG OP LICLNSF:, i�'SPEC(70\S A\D LNVIROVMEhTALPROTP�TLQ� P.ogerC�v[is,Direcmr O, � d LO:I'RYPROFESSIO��%1LEU/LDLG"G Telephone:6.j1-266-9094 s Svite 300 Fatsimile: 651-265-9099 3�0 Sf. Peter Sveet • Sa"rnt Paut, bfinrsesota SJ70?-/�/O � Re: 728 Euclid Street, Building permits for ivindo�v replacement and sidin� replacement Dear Mr. Seng Yang: • � Our department received two building permits for your property for new sidin� and window replacements. Because your property is located w�ithin the Dayton's Bluff Heritage Preservation District, all exterior work requires prior approval by the Heritage Preservation Commission (HPC). Exterior work is reviewed for compliance to relevant design guidelines. Please refer to the enclosed Dayton's Bh ff Historic District Handbook, page 1 S for guidelines reoardin� windows and pa�es ] 0 and 11 regardin� wood siding. _ -�. � At this time, HPC siaff cannot determine whether or not the proposed windo�v replacements compiy L �vith the design guidelines. Please submit photos of the existin� �vindows and a drawing of the , proposed �vindow replacements. Your windo�v supplier should be able to pro��ide a drawing. You � �vill note from the design guidelines that wood or atuminum-clad sash only replacements are the preferred option, however, some vinyl windo�3 s may bz acceptable if the windows closely match the dimensions and confi�uration ofthe existin� ��indo��•s. Repairin� and replacin� the wood trim `in- kind' is also recommended. A photo ]ocated in our office, shows the building currently clad �vith aluminum siding. Originally your house, �vhich was built in ]912, was clad with wood sidin�. HPC staff cannot approve the installation of new aluminum siding on your house. Please refer to pa�e 10, item 2 in the desi�n �uidelines handbook. It states: Buildings originally clacl in woodert sidi�7g shoulcl not be re-surfaced x ith ...vinyl or trlarminm�i siding. The Commission mcry coirsider the foZloiving e.rceptions to the installntion of vinyl, metal, or hnrdbourrl sirling on a case-by-case basis: A. In cases ivhere the existing asphalt, asbestos, nhrmnrtrm or vinyl siding is to bz remotied nrrd ivhere the z�nderlying original siding mtd clecorcrtive feat:mes are fou�rrl to be significarrtly deteriorated. Commission staff nu�st conduct n site visit d�mir7g the rernovnl process nrrd advise on appropriate treatment. IJi•inyl, metnl, or hardboard sicli�rg is nllotivecl... it must be of n width approprinte to the style of the bzrildir7g, ancl all nrchitectt�ral details i�:clarding tivirrclotiv h�inr, rorood cornices, ancl orname�:t �rnut ren:nin :mcovererL Replacement siding may coti•er only one lcryer of existi�Tg sidinc. o � - LDgY • At this point, HPC staff could approve a building permit to remove the aluminum siding to assess the condition of the existing wood siding. Staff would then visit the propeRy to evaluate the wood sidjng. If the wood siding is deemed irreparable acrd you still wanted to procezd with vinyl siding then a' permit review �vould be scheduled witU the Herita�e Preseroation Commission. t I spoke with John McCann, of Grayhawk Builders, �vho informed me that your existing siding had hail damage. The Commission applauds you for improving and maintainin� your home, however, the City's preservation standards are intended to retain the historical and architectural integrity of your neighborhood while maintaining or increasing the value of your home. I appreciate your prompt and timely response and hope that we can fully resolve this matter quickly. Please feel free to call me with any questions you may have at (651) 266-9078. Sincerely, C'�� Amy Spong • • �� Historic Preservation Specialist ca John McCann, Grayhawk Builders Tami 011ila, Windowhite Home Improvement Jim West, Building Inspector, LIEP Tom Riddering, Bui4ding Official, LIEP File 2 �-f -� ch m 2Ylf' � -�' 43 I 0 • � SAINT PAUL HERITAGE PRESERVATION SIT£S AItD DISTRICI'S D �- �O �l.Y DESIGN REVIEW APPLICAT`ION 5' K-� f <�L?� l0.:'�-i . SfTE ADDRESS: �Z� EvL�� S� P�'�- ��`� �� o � Name of applicant: Company: Address (include Zip Code): Phone number: L_J Appiicant's signature: Type of application: S cope of Work: (or attach `� Repair/Rehabilitation u �emoiiiion � Moving y of written d esc�ip6�on of q New Construction `. �•- u .�iyi i O Concept Review Only D Oiher � ��EPc.A�-EivlEr�T" U� �X1S rLL� i�e�(3�� vtSC� li� ((�ll�� nP�� rtC� � gE 1��.� r lt��r��z� ��' ca� G�k� „�1C,, -�, t3E t-E�- , AS (5 G�-� ��"-t�S �� (Y1r'�r-e i-I �X\Si1l�1 Ca , ��t-ll�oW �-'-f' 1a(tttT� 11 �c1`f�- ��' C"�SZ2�VV� MCi-lt�v�-�L�-Evr'2ct 1 Z� ��t'L� 5c� I�u •P�i E� ��, U� o�� 1�CSS o�' �1 �-'` �l� ls -�"_cG�:..>�P-�� t c_r� - :t�� V�.?E.t1 �JUI� i�vr[C 4c.�ll�lSx=c�:� W�'� ��3�.� - �JJ�.S & c.l�c i�.�'''h�c��l HO4��(�� V� tr-177c�.J A ttach a dC'2ona/ sheets H neccessary Conditions and Materials: \ J Materials included: (See reverse side for requi�ements) ❑ 3 copies of plans � Building permit application � Other ❑ Site plan '�,Photographs FOR OFFICE USE ONLY: File Number: Category: ❑ Minor o MaJerate ❑ Major 3 Date C>L- � -�` O 1� lAgy • • ..:�a? � 4 �� - �u- ��°� "° ` { �, ------` � � �_"____ --------' _---�- ��-.-�---- -�--=�'_-_ z� �:� �-; � z t�� .� w -I _�� • � z, � � G s � • � � a�-1�a6' � �. � y �_ J � �" �- �' ' � � r � L rJ � � � � .� , (J �� _�� `�� . � � �� M � �� L � � � F � � � � > J � J� �� n � � W W � � � � ��G o n p �� _ X � �J � _ r � � ` � �; � x� N �V � :5 -r J� �G � �� v� � — �� G �n � . Scott made a motion to lay the item over. Bartlett Foote offered a second. The motion carried unanimously. 5. Announcements: • Spong announced that Benanav had withdrawn the resolution regarding the EAW. • Spong reported that the house at 259 Maria had intact wood siding on it and that the Dayton's Bluff NHS will restore it. • The education committee will meet Apri15 at 7:30 a.m. at Dan ScotYs office to plan Preservation Week events. Errigo gave an update on the meetings he had regarding Sibley House. • 6. Adjournment: 6:47 p.m. Su d i off aff • �ac.�lr'rl e..rt'� n /�raVect n�-� n u ke s o� Mar cL. ?�Z,�eG l� -��; c, L 1 ✓�� - Bellus stated that he will pass the residents concems on to other agencies that handles these types of ; p 1_ �a q� issues. _ ;. . Errigo moved approval of the staff recommendation and the new proposal provided that is 3' reviewed by staff and Paul Larson. Benton offered a second. The motion carried unanimously. r� • 728 Euclid - Building permit to install vinyl �r The applicant was not present to speak to this issue. The commissioners debated about how to handle the issue. Younkin recommended denial because the application is incomplete. Bellus stated that it should be laid over because it is not complete. SlQadsld suggested that the Commission delegate approval of the permit to staff. Younkin disageed and said that a zequest for vinyl siding is an extenuating circumstance and that the Commission needs to review this. Page 4 of 4 � • CITY OF SAI�TT PAUL A'ornt Colemmi. Ma}'or P.�Ill 2.� 2.��1 Mark Knutson SVindoevlite I-Iome Improvements 8400 89"' Aeenue N. #460 �-} e.n�' Oi=fICEOF LICF\S[, NSPCCTIOYS AND E\\'IRO\)fE�TAL PROTLCT[OS P.oger Q�rti>, Diret�or LOi%P.YPROPESSIO;\:9L BUII.DL�'G Suite 300 3�0 St Peter S!�ee: S^int Paid. A1i+mesoln 5510?-I�l D Brook]}m Park, MN 55445 Re: 72S Euclid Street, Dayton's I31uff fIistoric District File #4310, building permit • u Dear Mr. Knutson: � � ��D Te(epl:a:e: Gil-36G-9093 Fhcsimi7e: 6i 1-26G9J'l9 The Heritage Przservation Commission (I-IPC) considerzd ai its t�4arch 22, 2001 meeting your application to install vinyl windows on the property lutzd abo� e. The commission voted to lay o�'er this item until the next permit review/public hearino meetm� on April 26, 2001 because no one «'as present to represent the apphcant or the o��ner. repo -. _ - representatice should plan to be at the next meeting to 2�'oid furthzr delays. I met with the o«ners on March 23, 3001 to di;cuss another buildina permit for �inyl siding. It «'�s determined that if the owners submit photos and addihonal information by Apri1 11, the permit for vinyl sidin� «ould bz on the aeeada for April 26, 2001. Bofn pemuts, one fo; windows and the o±her for siding. will bz presented to the commission on April 26. I�cill send an April a�enda and the stafi rt�`Titten for the b4arch 2� 2001 mzetine prior to April s meztine. You or an o«ner's Please feel frez to call me at 651?66.9075 if }�ou ha�e any quzstions. Sincerel}, Amy Spon� Historic Przservation Specialist Enclosurz CC: \Va Seng }'an„ oumcr ]iall Khue, family member Juhn hicCann, Grayha�vk Builders File copy � � �cppravec� M.i,nJ�cg o� ��t 2(o�2a • �-�—�ac,hm�+ ��;� �lews�� Motion to lay the issue over for two weeks (Larson). tiSeyer offered a second. Motion carried unanimously. 6 1 - �D9p' Commissioners reiterated to the applicant that she needs to get come back with: • The extent of the replacement -�;� Permit for the driveway More bids from contractors that have dealt with specific issues � 728 Euclid - Building permit to install vinyl ivindows and vinyl siding (two agenda items, conducted as one item) Spong reviewed her staff reports. Spong also stated that she received a phone call from the Window Lite representative who stated that the windows had been ordered and were in their warehouse and that they would not refund the owner's money if the permit is not approvzd. Younkin questioned if staff laiew when the windows were ordered versus when the Commission found out about the issue. It is likely the windows were ordered before application for the permit. • r � L_J A representative of Grayhawk Builders, the firm who will replace the siding, stated that their firm will not cover the aluminum (as stated by staf�, that it will remove it all but the trim and the wraps and replace it with vinyl. Spong stated that Grayhawk told her they would cover the siding. Larson questioned if the contract for work was signed before the permit was pulled. Grayhawk stated that it was - that the contract is typically the first step. Lee Meyer questioned who is responsible if the permit is not approved. Bellus requested that Hargens chair the meeting. Bellus leaves (6:04 p.m.) %Tku an interpreter, the homeowner stated that she simply wants to repair areas of her home that were damaged by hail last year. Hargens questioned if the applicant understands that the contract is for her whole house? Homeowner responded that there is a misunderstanding because she wants only the damage fixed. Homeowner is frustrated that she cannot get what she k�ants. Insurance estimator contacted homeowner to contact the siding company, but there wasn't enough money to cover the entire bid. (Bellus retums - 6:08 p.m.). Larson stated that it appears the homeowner has two contracts that she doesn't want. Grayhawk offered to put 3.5 inch siding on the house and maintain the same color. Hargens asked Grayhawk if he understands that the Commission wants him to sit down with the homeowner and figure out what she wants/needs. Spong suggested that the proposalS be withdrawn since the homeowner does not want them. Commissioners agreed, but Wilsey stated that the Commission must act on the issue with the windows because the homeowner won't get her money back. Homeowner stated that she has put $3400 down for the windows. Homeowner questioned why the HPC won't approve the request. Younkin stated that the windows are Page 3 of 5 R lJ not the same size as the originals and that the HPC prefers wood windows that match existing. � Bellus suggested that the HPC assist the homeowner in finding a pro-bono attomey to help her. ��'�� • Errigo said that the Commission should formally deny both applications. Younkin said that he prefers fo approve the removal of the aluminum and assess what is undemeath. ; Errigo suggested that the Commission approve the staff recommendation and that should cover it. Homeowner asked if she would win if she took the issue to court. Bellus said that he didn't lmow, and that is why she needs an attomey's help. Emgo stressed that the HPC is not trying to do anything that will make the homeowner lose her insurance money. Homeowner said that she does not lmow if the windows were ordered. Spong restated that the windows were ordered and have arrived. Motion to deny both permits (Errigo). Larson offered a second. Motion carried unanimously. Grayhawk asked what the next steps are. Commissioners said that the permits were denied and that he needs to work with his client. l93 Pennsylvania Avenue - application for a sign permit • Spong reviewed her staff report. Younkin asked where the signs will be attached. Staff pointed out the location on the photographs. Larson asked if the Commission can approve the request on a temporary basis. Spong advised to review it as a pernanent request because 1-2 years is a long time. The applicant, George Bergh, stated that the museum is now open and that it needs signage to direct people. He also stated that the signage is low on their priority list and that they don't want to spend a lot of money for a temporary sign. Younl:in moved approval on the condition that the sign is removed within three years. Lee Meyer offered a second. The motion carried unanimously. 252 Maria Avenue - for a building permit to replace an asphalt shingle roof (work was already completed without a building permit or HPC approval). Spong reviewed her staff report. Homeowners, Jesse and Jayce Hemandez, stated that they had water leakage into their home and that friends and relatives offered to help them put on a new roo£ Mr. Hemandez stated that he had eye surgery the day the inspector came out and that he was not at the property. He stated that he was not aware he was in a historic district and that he needed the permit even if he did the work himself. • Larson asked the applicant if he was aware that he could change the color of the roofing materials before it was completed. Hemandez said that the work was already mostly complete when the inspector cited him. Page 4 of 5 I _ _-- ---- . _ .�_ ._. _ . _ — ' Amy S_pong - home doc Pa e -- 9 1 f�-�c.hmevr� • • Wa Seng Yang 728 Euciid St. St. Paul, MI� 55106 May 6, 2001 Window Lite Home Improvements, Inc. 8400 89th Avenue N., Suite 460 Brooklyn Park, MN 55445 Dear Window Lite Home Improvements, Inc.: � b1-1�`1 ;` On December 9, 2000, my wife and I hired you to replace the windows on our home at 728 Euclid St, in St. Paul, Minnesota. At the time, we gave a deposited in the amount of $ 3450.00. We hired you because of your representation that you are a professional company with the right expertise to get the job done for us. We relied on your representation and counted on your expertise. About a week ago, my wife was asked to attend a hearing at the St. Paul Historic Preservation Commission because you applied for a permit to put the improvements on our house. Even though you were the contractor- applicant, you did not show up at the hearing. My wife was questioned about the window improvements in her capacity as the homeowner and she had no answers for the Commissioners. In the end, we were told that the windows you planed to install are not in compliance with the City's guidelines, and that YOUR application was denied. The staff person at the Commission also informed us that you have communicated to the Commission that if you could not install YOUR non-compliant windows, than you did not intend to complete the job and that you intend to keep our deposit. This letter is to confirm if you intend to cure the application and appeal the Commission's denial so that you can get the permit to do the job as we agreed to on December 9, 2000. We are willing to work with you to obtain the necessary permission to do the renovations, even if it does mean that we �� ._ --. _. . _...... _ _ - Amy Spong - home.doc _ _ _ _ _ _ __ _ _ Page � l -t�9Y; � ,._ . : • • have to appeal the application. However, we do believe that, as the contractor, it is ultimately your responsibility to get the necessary approvals and if you cannot get the necessary approvals to get the job done, you must notify us as soon as possible so that we can consider other options. Most importantly, if you do not intend to move forward with the improvements, we demand that you return our fuil deposit to us. We look forward to hearing from you by the end of the week. You may respond to us at the above address or call us at the following telephone (651) 771-7762 or 771-6501, and ask to speak with our daughter Ker Yang, who will be our interpreter. Sincerely, Wa Seng Yang Tia Kue Yang �� f��a-c,l� me..�-� � MINUTES OF THE HERITAGE PRESERVATION COMMISSION CITY OF SAIIQT PAUL, MINNESOTA Room 40, Lower Level, City HalllCourt House July 26, 2001 a � -l�g�' Present: 7ames Bellus (chair), Judith Benton, Susan Bartlett Foote, Joseph Erri�o, Lee Meyer, Ray Meyer, Shari Taylor Wilsey and Richard Wolfgamm Absent: Gar Hazgens (excused), Paul Larson (excused), Richard Murphy (unexcused), Dan Scott (excused), Dudley Younldn (excused) Staff Present• Julie Hoff John Slffadski and Amv Spone CALL TO ORDER: 5:07 p.m. • II. A1VNOiJNCEMENTS - There were no announcements. III. APPROVAL OF THE AGENDA - The agenda was approved after removing Item I, a building permit request for 339 Summit Avenue. N. PERMIT REVIEW/PUBLIC HEARING A. 728 Euclid Street - Request for a building permit to a install vinyl windows Spong reviewed her staff report which did not recommend approval of the building permit as proposed. However, staff would recommend approval of the window replacement if only the existing sash be replaced with wood to match the existing window dimensions and proportions. Due to language barriers, the applicanYs brother-in-law read a letter from the applicants. John Lauer, Sales Manager for Window Lite, showed picture of nearby homes that have vinyl siding and windows and made the argument that it is not appropriate to prevent these homeowners from having vinyl windows and vinyl siding when many other nearby properties are not in compliance with heritage preservation guidelines. Lauer stated that he cannot refund the applicanYs deposit even if the permit is not approved and that further questions would have to be directed to the owner of the company. Wilsey questioned why the company didn't pull the permit first. Lauer stated that he did not laiow. Wilsey commented that the company did not follow the appropriate process. Errigo made a motion to approve the staff recommendation. Benton offered a second. The motion was approved unauimously. B. 728 Euclid Street - Request for a building permit to install vin�l siding Spong reviewed her staff report which did not recommend approval of the building permit. • However, Spong did state that the Commission had reviewed a similar request recently, and in that case, the Commission did approve the request. � 1Z �►-to9� • Foote asked about the condition of the siding undemeath. Spong replied that it is difficult to assess without exposing more areas. Lee Meyer asked about how this situation is different from the one that the Commission approved. Spong stated that the owner in the previous situation refused to remove any siding to see what was undemeath. This case is similar to the last in that both were insurance claims from hail damage and were only covering expenses to replace their aluminum with like materials. Wilsey made a motion to approve the request with the staff recommendation that the vinyl siding be of a width, texture and color that closely matches the original wood siding. Also the removal of the aluminum and installation of the vinyl should be done in a manner that will not further damage or destroy the underlying wood siding. Ray Meyer offered a second. The motion carried five in favor, two opposed (Bellus and Errigo) with one abstention (Benton). The meeting was adjoumed at 7:05 p.m. Submitted by: Julie Aoff • Staff • �� -+�.�,m�t a� OFFICE OF LiCE\SE, iVSPECTIOVS A�D EtiVIRO?i�IENTALPROTECT10ti Roger Curtis, Direc[or V�'��1 CITY OF SAINT PAUL Norni Cofenmq hfay�ar July 27, 2001 Mark Knutson �Vindowlite Home Improvements, Inc. 8400 89`" Avenue N. Brooklyn Park, NN 55445 LO[t�RYP?,OFESS/O.VAL BU/LDl:VG Suite 300 350 Sc Peter Sireet Snin� Pa�e{ blinrsesoln SS/02-I.i10 Re: 728 Euclid Street, Dayton's Bluff Historic District File �4310, building permit for vinyl windows Dear Mr. Knutson: Te[ephorse: 65/-?66-909,0 Facsimile: 65l-266-9099 • As you know, the Heritage Preservation Commission (HPC) considered at its July 26, 2001 meeting your application to install vin}•I «'indows to the property listed above. The commission voted 8 to 0 to deny your application. This dzcision was based on the findings included in the attached staff report. You or any a;grieved party has the right to appeal the Commission's decision to the Saint Paul City Council under Chapter 73 of the Saint Paul Legislativz Code. Such an appeal must be filed �vithin 14 days of the date of the HPC's order and decision. Chapter 73 statzs: (h) Appeal to ci!}� council. The pern�it app/ica�tt or any pnrty aggrieeecf b}� the decisioa ofthe keritage preservn�ia� co�nmission shall, wi�hin fomYeen (14) da}s o dte dnte oJtGe heritage presenntion conu+�issio��'s a��fer and decisio��, hnre a right to trppea! such order n��d decisia� to the city� co�mcil. The appen! sl�al! be deeined pmfected upa� receipt b}' t/ie dirisiw� afplaiining of tti�o (2) copies of a aotice oj appeal a��d statenien( setting fmd� the groinids for the appeal. The dirision of plmming skall h'mumit one cop}• ojthe �rotice of appea! and sta�en�ent to tke cig� coimci! and aie copy to the heritage preservatio�� conur�issimt. Tlre conurtission, iii mry uritte�� order dert�•i�rg a pern�it npplicatiat, s1rn11 advise the appl�cmit oJthe rigk! to appeal to the ciq� co�u�cil m��l iitcli�de tkis pnrngrnph in nl! such a ders. Please feel free to call me at 651.2G6.9078 if you have any questions. -A�� a Sincerely, • Am�• Spon� Histuric Preservation Specialist cc: �\'a Seng 1'ang, o�vners Jim �Vest, Building Inspector H f� File File ; 4310 • CITY OF SAINT PAUL ��-1� • • FILE NA�l�1E: 728 Euclid Street DATE OF APPLICATION: February 14, 2001 HERITAGE PRESERVATIO\ C011�IISSION STAFF REPORT = ;' APPLICAI�TT: �Vindo�a Lite Home Improvements DATE OF HEARIi�IG: July 26, 2001 (Laid over from April 26, Z001) HPC SITE/DISTRICT: Dayton's Bluff Herita�e Presero�ation District CATEGORY: contributin� CLASSIFICATION: building permit STAFF TNVESTIGATIO\T AI�'D REPORT: Amy Spon� DATE: July 19, 2001 (re��ised July 27, 2001) A. SITE DESCRIPTION: The structure at 728 Euclid Streei is a two and one-half story post-Victorian built in 1912. The im�entory forni classifies the structure as non-contributing to the Dayton's Bluff Historic District, however, gieen the date of construction the structure contributes to a si�nificant time period for the Dayton's Bluff Historic District. The asphalt roof is hipped with gables and the �vood framed �valls have alimiinum on dapboard and the porch is enciosed. The ori�inal owner was Joseph L. McGuire who «�as listed as an en�ineer for a local en�ine company. B. PROPOSED CHANGES: The applicant is proposin� to remove the existing windo�v sash to install ne�v ti�inyl frames and sash �� ithin the existin� windo�c frames on approximately 12 �vindows. Staff was unable to contact the applicant to determine the exact location of the ��indow replacements. C. GUIDELINE CITATIONS: Darton's BltejfFlistot•ic DisU•ict Ga�ide(iires (1992) Genera! Priirciples: 1. All n orJc shotdd be of a clrm acter afid qualit}' dint maiatains the distiiiguishin� features of rke build�n� and the enviro�7ment. Tlie removal or alteration of distinctive ardtitecnn al feahu es sJrould be ai•oided as slmtdd alteratia7s tl:at kave i7o l+ista icnl basis a��d tir{iidt seek to create mi earlier appecu�curce. Tl�e resto� ation of altered original featiu�es, rf doctunentable, rs encom•aged. 3. Drteriorcrted ar�cliitect�u•al fentur�es sl�ould be r epaired rntl:er tkai� replaced irke�tei�er possible. Lt the ei•e��! of repincemeiit, �:ei� materials shou/d nratcli the origi�ial irt conaposrtion, design (includi�e� consirler�atiori of pr oportio�i, te.rt�u�e and detai!), color mid oreral! appenrairce. [I'ii7doi�s 1. St_e aitd Shape. Esistiitg ivindoics aitd door ope��ings slrould be retair�e�l. It ir.rloiv ope�ii�igs shoirld �+or be enlarged or reduced to fit new units. fVetir ticindoic opei�ings sho�dd not be intraduced into priifcipal elevatioiis. 3. Sash. Tke si=e aru! nuntber of pmzes of glass in each sash should not be ntterzd New sash, if installed, should d«p[icate the esistuig a odier appropriate models. Gmik-out or'sliding units are not appropriate r�eplaceme�rts for single or� doirble-hm�g saslt. 3. Trin�. Historic u indotir casings or s�urozurds sko�dd be retained tirherever possible; if replacen�eat is necessm}• the origina! profile sho�dd be replicated. I� File r4310 —'. • D. FINDINGS: ' - 6 �_►o°t fl l. The structure is considered non,contributin� to the Dayton's Bluff Historic District, however _ given the date of construction, the structure contributes to a si�nificant time period for the ;` Daycon's Bluff Historic District. . 2. The proposed windotivs do not comply with the guidelines that do not recommend reducing the ` ori�inal openings to fit new units and do recommend duplicatin� ori�inal materials or other appropriate models. . � I W �� •� �i� _ r � � . _- � ,� . �� Windows • Siding Kitchens • Baths & More Friday, August 10, 2001 �-�{- me.r�1' CROSSTOWN NORTH BUSINESS CENTER #4 SUITE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 � a 1-1 �k� ;' PHONE 763-425-2227 FAX 763-425-9136 www.windowiite.com Saint Paul City Council 350 St. Peter Street Suite #300 Saint Paul, MN 55102 Re: 728 Euclid Street, Daytons Bluff Historic District File 4310 Building Permit for Vinyl Windows • Dear Saint Paul City Councii: On July 26'�, 2001, the heritage Preservation Commission (HPC) denied our application to install vinyl windows on the home of Wa Seng Vang. Under Chapter 73 of the Saint Paul Legislative Code; being an aggrieved permit applicant we are exercising our right to appeal the order and decision to the Saint Paul City Council. The grounds of our appeal are as follows: Window Lite understands and agrees that historic design and character are vital to ensuring that the 1992 Daytons Bluff Historic District Guidelines are maintained. 2. Under Generai Principles 1. • All work should be of a character and quality that maintains the distinguishing features of the building and the environment. The removal or alteration oi distinctive architectural feafures should be avoided as should alteratrons that have no historical basis and which seek to create an earlier appearance. The restoration of altered original features, if documentable, is encouraged Currently the home at 728 Euclid has aluminum storm windows instailed in the 1960's. Our industry now acknowiedges the lack of efficiency and propensity to promote dry rot of the original windows behind the storms. Our proposai for vinyl repiacement windows will, in fact, restore the original appearance much closer to that of the original structure. The original structure had no historic grid pattems or architectural glass in any of the windows proposed for replacement. f� • Page 2 Y � � r •� �-� TM Windows • Siding Kitchens • Baths & More 3. August 10, 2001 CROSSTOWN NORTH BUSINESS CENTER #4 SU1TE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 o t —ic�y� ;` PHONE 763-425-2227 FAX 753-425-9136 www.windowlite.com Under General Principles 3. Deteriorated architectura! features should be repaired rather than replaced whenever possible. In the evenf of replacement, new materials should match the original in composftion, design (including consideration of proportion, texture and detail), color and overall appearance. Repairing the houses originai single pane windows and removing the 1960's era aluminum storm windows �rrould create a hardship to the Wa Seng Vang family. Already in the winter of 2000 the family spent $1200 for heating in a 3 month period with the storm windows now in use. • With regards to the composition issue, the HPC at the same hearing on July 26 2001, approved the application of vinyl siding on the residence at 728 Euclid Street. The only wood replacement window available on the market is manufactured by Marvin Windows. The Marvin window requires the use of a storm window in Minnesota to meet Minnesota's U-value requirement. Therefore we contend that it is not possible to comply wifh principle 3, without altering the architectural appearance more than the replacement vinyl ' windows_ The replacement vwndows will improve the historical character of the home by eliminating the silver aluminum storm windows. In addition, the Wa Seng Vang family will gain tremendous savings in their energy bills, eliminating a substantial hardship to a working family. 1. 2. • Windows Item 1. Size and Shape. Existing windows and door openings should be retained Window openings should nof be enlarged or reduced to fit new units. New window openings should not be introduced into principle efevations. The replacement windows are custom made to fit into the current openings, the openings witl not be enlarged or reduced. The frames of our windows are low profile 1-1/4" which fit inside the stops of the existing windows. Windows Item 2. Sash. The size and number of panes of glass in each sash should not be altered. New sash, if installed, should duplicate the existing or other appropriate mode/s. Crankout or sliding units are not appropriate replacements for single or double-hung sash.. The size of sashes and number of panes are not changing and will duplicate the origina! double-hung style. r � a � � i �� r � TM � Windows • Siding Kitchens • Baths & More August 10, 2001 D � - l�q� CROSSTOWN NORTH BUSINESS CENTER #4 _ SUITE 460-8400 89`" AVENUE NORTH ;' BROOKLYN PARK, MINNESOTA 55445 PHONE 763-425-2227 FAX 763-425-9136 • www.windowlite.com The size of sashes and number of panes are not changing and will duplicate the original double-hung sryle. 3. Window Item 3. Trim. Historic window casings or surrounds should be retained wherever possible,� if rep/acement is necessary the original profile should be replaced. The historic wide trim will remain unaltered. In conclusion, the commissions findings that our window will not fit the original openings are incorrect; they wi�l fit the original openings because, these are custom made replacements. Secondly, recommending duplicating original materials on our project while approving vinyi siding on the same residence appears capricious and discriminatory. The Wa Seng Vang family simply wants to improve • their home, as well as the neighborhood (see attached photos of other homes surrounding 728 Euclid Street). We appreciate the Saint Paul City Counci(s attenfion fo fhis matfer. ' Sincerel ;-� � /" Jim Lamoureaux President Window Lite Home Improvements, Inc. Attachments kv • I� Council File # O �� p �,� �RIGf�AL Presented By Referred To Green Sheet # � �i 5'7 �� Committee: Date 2 Whereas, Window Lite Home Improvements made application to the Heritage 3 Preservation Commission (HPC) on February 14, 2001 for a building permit to install twelve 4 vinyl replacement windows in a residential property commonly known as 728 Euclid Slreet in the 5 Dayton's Bluff Historic District; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Whereas, a public hearing on the application was duly scheduled for Mazch 22, 2001. However, the applicant did not appeaz at the public heazing and the matter was laid over to April 26, 2001. The applicant was norified of the layover date by letter dated Apri12, 2001. In the interim, HPC staff inet with the owners of the real property at 728 Euclid to discuss the application being made on their behalf; and Whereas, on Apri126, 2001, the matter was again considered by the HPC. The owner of the property appeared. However, Window Lite did not. Following the public heazing, where all interested persons were given an opportunity to be heazd, the HPC denied the application because the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992) in that the replacement windows were not the same size as the original windows and because their vinyl cladding the did not match the wood exterior of the structure; and Whereas, the HPC considered the application once again at a public hearing on July 26, 2001. Once again, Window Lite did not appear. At the close of the public heazing, the HPC moved to deny the vinyl window application based upon the following findings and conclusions contained in the HPC's staff report dated July 19, 2001 that the replacement windows did not meet the Dayton's Bluff Historic Guidelines (1992): 1. The structure is considered non-contributing to the Dayton's Bluff Historic District, however, given the date of construction, the structure contributes to a significant time period for the Dayton's Bluff Historic District. 2. The proposed windows do not comply with the guidelines that do not recommend reducing the original openings to fit new units and do recommend duplicating original materials or other appropriate models. Whereas, the decision of the HPC to deny the building permit was transmitted by letter to Window Lite on July 27, 2001; and Whereas, pursuant to the provisions of Section 73.06, Window Lite duly filed with the City Council an appeal from the determination made by the HPC and requested a hearing before the Council for the purpose of considering the actions taken by the HPC; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2 Whereas, acting pursuant to Sections 73.06, and upon notice to affected parties a public 3 hearing was duly conducted by the City Council on Wednesday September 5, 2001 where all 4 interested par[ies were given an opportunity to be heazd; and 6 Whereas, the City Council, having heazd the statements made, and having considered the 7 application, the report of staff, the record, minutes and resolution of the Commission moved to 8 deny Window Lite's appeal. The motion failed and there was not morion to grant the appeal; 9 10 il 12 13 14 NOW, THEREFORE, BE IT RESOLVED, that the original decision of the HPC to deny the building permit, dated July 27, 2001, remains in full force and effect; b�-�oq�' AND BE IT FINALLY RESOLVED, That the Council Secretary shall mail a copy of this resolution to Window Lite, the Zoning Administrator and the Heritage Preservation Commission. �RIGI�IAL Requested by Department of: Adoption Certified by Council Secretary � — . • - �. /�� ✓ � �/ �/�� % By: Form Approved by City Attamey By: � WW�� J� R —C� ( Approved by Mayor for Submission to Council By: Adopted by Council: Date ��T J O� ��w��. Kathy Lanhy 266-86I0 October 24, 2001 w�t wrt RqrtYlf. ORGFR TOTAL # OF SIGNATURE PAGES GREEN SHEET oa�rowrtrae a� -iaq�' N� 113654 arvcawca. ❑ MYAiTqOEY ❑ OIYUFAIt ❑wuucvaao�xcaow. ❑puxau.a ❑�I1Ypt10M1�4Ta1R� ❑ (CLJP ALL LOCATIONS POR SIGNATURE) Memorializing City Council action taken September 5, 2001, denying the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage Preservation Commission denying a building permit to replace wood windows with vinyl windows at 728 Euclid Street. W PLANNING CAMMISSION CIB CAMMITTEE CIVIL SERVICE CAMMISSION WMre. W�Y) SOURCE RSONAL SERVICE CONiRAGfS MUST ANSWER THE FOLLOW WG QUESRONS: H8S �FIIS P��(111 CRf NOfkEE IIMM 2 COIItrdC1 fOf �fli6 d2p2f1RIEI1Y7 YES NO Hes tlua ce�somhrm e�M bem a dly dnPbYee7 YES NO Does ihis persorJfirm P�� a sidll rat mm�albP�d bY anY curreM citY �D�oY�? YES NO Is Mis peisaJfirm a tarpHetl vendoR YES NO COSTIREVENUH BUD6ETm (qRCLE ON� ACTNIiY NUfAeER iNFOw.anor+(owwM YES NO ✓ a �-to �tr NOTICE OF PUBLIC HRARING Notice is hereby given that the petition of the City of Saint Paul, for the vaca�ion of that part of Hoyt Avenue between Kennard and Flandrau as more fully described on file and on record in the office of the City Clerk of Saint Paul, Minnesota, will be heard and considered by the Saint Paul City Council at a meeting to be held in the Council Chambers on the 3rd floor of City Hall and Court House on the 7th day of November, 2001 at 5:30 P.M. Dated October 9, 2001 Shari Moore Deputy City Clerk (October 15, 2001) mm'VSC:.«�-. i-2L`�v�'v'� �et�Y;bin..i� � � � ' a �� CITY OF SAINT PAUL Narm Colerrsan, Mayor October 10, 2001 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: 728 Euclid Dear Ms. Anderson: t�e. 7 r, .ea�'rh t``� �� r� .�a. �n � q �+.%�9 � .� .`L ��6 Attached please find a signed copy of a resolution memorializing the City Council's decision with respect to the appeal from the decision of the Heritage Preservation Commission for properiy located at 728 Euclid. Please place tkus on the Council's Consent Agenda at your earliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, � �� Peter W. Warner Assistant City Attorney OFFICE OF THE CITY ATTORNEY b�• �O 14 Clayeon M- Robinson, Jn, Ciry Attorney civitDivisiors 400CiryHall Telephone:651266-8710 ISWestKelloggBlvd. Frscsimile:657298-5619 Sairst Pau1, Minrsesota SSIO2 PWW/rmb Enclosure OFFKE OFLICENSE, lNSPECTIONS AND w � ENYIRONMENTAL PROTECTION (� Roger Cur[ig Director CITY OF SAINT PAUL Norm Co[em¢n, M¢yor LOWRYPROFESSIONALBUILlDNG 350 St Peter Sireet Suite 370 Saint P¢ul, Mirsnuota .i.i102-1�10 Telephone: 612-266-900/ Facsimile: 612-266-9099 ��'.� �'L+3��? �i3�i�'2' August 13, 2001 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Aall Saint Paul, MN 55102 Dear Ms. Anderson: i �.�� . '-.;�'� � � �Q�� I would like to confirm that apublic hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the following heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. File Number: 4310 Purpose: Location: Staff : Appeal of a Heritage Preservafion Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euclid Street Did not recommend approval of building permit. Commission : Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, s Amy Spong Historic Preservation Specialist CC: Council Member Kathy Lantry Window Lite Home Improvements, Inc. .�•�,. NOTiCE OF PUBLIC HEARII�iG The Saint PaUI City Council wili con- duct a public hearing_ on Wednesday, September 5, 2001, at 5:30 p.m. ix� the C�ty Covncil Cfiambers, Thil�d Flaor Ci�3' Hall-Courthouse, 15 West Kellogg � Boulevard, Saint Paul, MN,�to consider,the appeal of Window Lite Home Improvements, Inc. to a decision of the Heritage�Preservation Cowmission denying a build'mg permit repSace wood windows with vinyl windows at 728 Euclid Street - Dated: August 15, 2001 , NANCX ANDERSON - elssistant City CouncU Secretary � fAa�gust 2tl) . - —ss�z 31: PAIIL LEGAL IEDGER =-- 0202612$ � - - 06-100.� � CITY OF SAINT PAUL Norm Colemnn, Mnyor August 13, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, MN SS 102 Dear Ms. Anderson: OFF/CE OF L/CENSE, LVSPECT/ONS AND ENVlRON,NENTAL PROTECT/O.N qp RogerCtv[is,Directm� O` �'��`1 LOWRYPXOFESS/ONALBUlLIDA'G Tefephone.612-266AOGl 350 St Peter Street Facsiurile: 612-26G-9099 Sxite 310 SaintPmd,d9inrcesotn 5�/02-1�10 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, September 5, 2001 for the follo�ving heritage preservation case: Appellant(s): Window Lite Home Improvements, Inc. • r 1 L J File Number: 4310 Purpose: Location: Staff : Commission Appeal of a Heritage Preservation Commission decision denying a building permit to replace wood windows with vinyl windows. 728 Euelid Street Did not recommend approval ofbuildin� permit. Denied on a vote of 8 to 0. I have confirmed this date with the office of Council Member Kathy Lantry. 1VIy understanding is that this public hearing request will appear on the agenda of the City Council at your eariiest convenience and that you �vill publish notice of the hearing in the Saint Paul Legal Ledger. Thanks! Please call me at 266-9078 if you have any questions. Sincerely, Amy Spong C �CJ Historic Preservation Specialist CC: Council Member Kathy Lantry Windo�v Lite Home Improvements, Inc. OFFICE OF L[CENSE, INSPEC710NS AND ENVIRONMENTAL PROTECTION Roger Cunis, Director • CITY OF SAL�IT PAUL Norm Coleman, May�or MEMORANDUNI TO: CC: FROM: RE: DATE: LOWRYPROFESSIONAL BUILDI.VG Suite 300 350 St Peter Street Sainf Paul, Minnuata SJ103-IS/0 City Councilmembers Peter Wamer, CAO Roger Curtis, LIEP Amy Spong, HPC staff HPC appeal for vinyl windows at 728 Euclid Street 8-28-01 � � _ �09.� Teiephone: 6�1-266-9090 Facsimile: 6il-266-9099 The following items highlight the events that have taken place and celate to HPC review of the permit application for vinyl windows for 728 Euclid Street, which is located in the Daytods Bluff Historic District: 1. LIEP receives a building permit application on January 11, 2001, to replace 12 windows. The applicant is Window Lite Home Improvements. 2. HPC staff leave messages January 30 and February 1 to get more information regaiding permit. 3. HPC staff sends letter to owner explaining Historic District and design review guidelines February 2, 2001 (Attt�chment A). 4. LIEP receives an HPC Design Review Application, and required photos and window detail drawing on February 14, 2001 From Window Lite Home Improvements (Attachment B). 5. HPC permit review/public hearing on March 22, 2001. No applicant or representative of applicant attends the hearing; item was laid over. Attachment C is excerpt of approved minutes for March 22, 2001. Attachment D is iesponse letter to applicant. (HPC staff, contractor for vinyl siding permit and owners met at site to discuss the historic district and process on March 23, 2001) 6. HPC permit reviewlpublic hearing on April 26, 2001. An hour prior to the public hearing the applicant, Window Lite Home Improvement, leaves HPC staff a phone message stating 1)their company already has a signed contract with the homeowner, 2)the homeowner gave the applicant a deposit, 3)the windows were already ordered and in a warehouse, 4)they would not be attending the public hearing, and 5�the applicant did not intend to give the owner the money back. • The owner attended the public hearing and a family member was present to translate. Excerpts from the approved April 26 meeting minutes are Attachment E. The commission offered to get free legal advice for the owners and formally denied both permits. It wasn't clear that the owner understood what both permits were proposing for her home. o � -l�qY • 7. HPC Chair contacu Mee Moua, an attomey at Leonard Sueet, who agreed to follow up with the firms real estate attomey and with 728 Euclid owners. The attorney helped the owners write a let[er (dated May 6, 2001) to the applicant regarding the permit situation (Anachment F�. 8. Window Lite Home Improvement contacts HPC staff by phone on June 22, 2001. 9. HPC permit review/public hearing on July 26, 2001. A representative from Window Lite Home Improvement and the owner attends the hearing. HPC denies permit application for vinyl windows (and conditionally approves permit application for vinyl siding). Attachment G is excerpts from unapproved minutes for July 26 public hearing meeting. Attachment H is the response letter to the applicant and the final decision including findings. 10. Applicant appeals HPC decision to city council, letter to request appeal is dated August 10, 2001 (Attachment n. • • • CITY OF SAIIVT PAUL IJann Co%man, it/ayor February 2, 2001 �Va Sena Yan� 728 Euclid Street St. Paul, MT,' S5106 �{-}-ac.hm e.x�i /�- OFFICG OP LICLNSF:, i�'SPEC(70\S A\D LNVIROVMEhTALPROTP�TLQ� P.ogerC�v[is,Direcmr O, � d LO:I'RYPROFESSIO��%1LEU/LDLG"G Telephone:6.j1-266-9094 s Svite 300 Fatsimile: 651-265-9099 3�0 Sf. Peter Sveet • Sa"rnt Paut, bfinrsesota SJ70?-/�/O � Re: 728 Euclid Street, Building permits for ivindo�v replacement and sidin� replacement Dear Mr. Seng Yang: • � Our department received two building permits for your property for new sidin� and window replacements. Because your property is located w�ithin the Dayton's Bluff Heritage Preservation District, all exterior work requires prior approval by the Heritage Preservation Commission (HPC). Exterior work is reviewed for compliance to relevant design guidelines. Please refer to the enclosed Dayton's Bh ff Historic District Handbook, page 1 S for guidelines reoardin� windows and pa�es ] 0 and 11 regardin� wood siding. _ -�. � At this time, HPC siaff cannot determine whether or not the proposed windo�v replacements compiy L �vith the design guidelines. Please submit photos of the existin� �vindows and a drawing of the , proposed �vindow replacements. Your windo�v supplier should be able to pro��ide a drawing. You � �vill note from the design guidelines that wood or atuminum-clad sash only replacements are the preferred option, however, some vinyl windo�3 s may bz acceptable if the windows closely match the dimensions and confi�uration ofthe existin� ��indo��•s. Repairin� and replacin� the wood trim `in- kind' is also recommended. A photo ]ocated in our office, shows the building currently clad �vith aluminum siding. Originally your house, �vhich was built in ]912, was clad with wood sidin�. HPC staff cannot approve the installation of new aluminum siding on your house. Please refer to pa�e 10, item 2 in the desi�n �uidelines handbook. It states: Buildings originally clacl in woodert sidi�7g shoulcl not be re-surfaced x ith ...vinyl or trlarminm�i siding. The Commission mcry coirsider the foZloiving e.rceptions to the installntion of vinyl, metal, or hnrdbourrl sirling on a case-by-case basis: A. In cases ivhere the existing asphalt, asbestos, nhrmnrtrm or vinyl siding is to bz remotied nrrd ivhere the z�nderlying original siding mtd clecorcrtive feat:mes are fou�rrl to be significarrtly deteriorated. Commission staff nu�st conduct n site visit d�mir7g the rernovnl process nrrd advise on appropriate treatment. IJi•inyl, metnl, or hardboard sicli�rg is nllotivecl... it must be of n width approprinte to the style of the bzrildir7g, ancl all nrchitectt�ral details i�:clarding tivirrclotiv h�inr, rorood cornices, ancl orname�:t �rnut ren:nin :mcovererL Replacement siding may coti•er only one lcryer of existi�Tg sidinc. o � - LDgY • At this point, HPC staff could approve a building permit to remove the aluminum siding to assess the condition of the existing wood siding. Staff would then visit the propeRy to evaluate the wood sidjng. If the wood siding is deemed irreparable acrd you still wanted to procezd with vinyl siding then a' permit review �vould be scheduled witU the Herita�e Preseroation Commission. t I spoke with John McCann, of Grayhawk Builders, �vho informed me that your existing siding had hail damage. The Commission applauds you for improving and maintainin� your home, however, the City's preservation standards are intended to retain the historical and architectural integrity of your neighborhood while maintaining or increasing the value of your home. I appreciate your prompt and timely response and hope that we can fully resolve this matter quickly. Please feel free to call me with any questions you may have at (651) 266-9078. Sincerely, C'�� Amy Spong • • �� Historic Preservation Specialist ca John McCann, Grayhawk Builders Tami 011ila, Windowhite Home Improvement Jim West, Building Inspector, LIEP Tom Riddering, Bui4ding Official, LIEP File 2 �-f -� ch m 2Ylf' � -�' 43 I 0 • � SAINT PAUL HERITAGE PRESERVATION SIT£S AItD DISTRICI'S D �- �O �l.Y DESIGN REVIEW APPLICAT`ION 5' K-� f <�L?� l0.:'�-i . SfTE ADDRESS: �Z� EvL�� S� P�'�- ��`� �� o � Name of applicant: Company: Address (include Zip Code): Phone number: L_J Appiicant's signature: Type of application: S cope of Work: (or attach `� Repair/Rehabilitation u �emoiiiion � Moving y of written d esc�ip6�on of q New Construction `. �•- u .�iyi i O Concept Review Only D Oiher � ��EPc.A�-EivlEr�T" U� �X1S rLL� i�e�(3�� vtSC� li� ((�ll�� nP�� rtC� � gE 1��.� r lt��r��z� ��' ca� G�k� „�1C,, -�, t3E t-E�- , AS (5 G�-� ��"-t�S �� (Y1r'�r-e i-I �X\Si1l�1 Ca , ��t-ll�oW �-'-f' 1a(tttT� 11 �c1`f�- ��' C"�SZ2�VV� MCi-lt�v�-�L�-Evr'2ct 1 Z� ��t'L� 5c� I�u •P�i E� ��, U� o�� 1�CSS o�' �1 �-'` �l� ls -�"_cG�:..>�P-�� t c_r� - :t�� V�.?E.t1 �JUI� i�vr[C 4c.�ll�lSx=c�:� W�'� ��3�.� - �JJ�.S & c.l�c i�.�'''h�c��l HO4��(�� V� tr-177c�.J A ttach a dC'2ona/ sheets H neccessary Conditions and Materials: \ J Materials included: (See reverse side for requi�ements) ❑ 3 copies of plans � Building permit application � Other ❑ Site plan '�,Photographs FOR OFFICE USE ONLY: File Number: Category: ❑ Minor o MaJerate ❑ Major 3 Date C>L- � -�` O 1� lAgy • • ..:�a? � 4 �� - �u- ��°� "° ` { �, ------` � � �_"____ --------' _---�- ��-.-�---- -�--=�'_-_ z� �:� �-; � z t�� .� w -I _�� • � z, � � G s � • � � a�-1�a6' � �. � y �_ J � �" �- �' ' � � r � L rJ � � � � .� , (J �� _�� `�� . � � �� M � �� L � � � F � � � � > J � J� �� n � � W W � � � � ��G o n p �� _ X � �J � _ r � � ` � �; � x� N �V � :5 -r J� �G � �� v� � — �� G �n � . Scott made a motion to lay the item over. Bartlett Foote offered a second. The motion carried unanimously. 5. Announcements: • Spong announced that Benanav had withdrawn the resolution regarding the EAW. • Spong reported that the house at 259 Maria had intact wood siding on it and that the Dayton's Bluff NHS will restore it. • The education committee will meet Apri15 at 7:30 a.m. at Dan ScotYs office to plan Preservation Week events. Errigo gave an update on the meetings he had regarding Sibley House. • 6. Adjournment: 6:47 p.m. Su d i off aff • �ac.�lr'rl e..rt'� n /�raVect n�-� n u ke s o� Mar cL. ?�Z,�eG l� -��; c, L 1 ✓�� - Bellus stated that he will pass the residents concems on to other agencies that handles these types of ; p 1_ �a q� issues. _ ;. . Errigo moved approval of the staff recommendation and the new proposal provided that is 3' reviewed by staff and Paul Larson. Benton offered a second. The motion carried unanimously. r� • 728 Euclid - Building permit to install vinyl �r The applicant was not present to speak to this issue. The commissioners debated about how to handle the issue. Younkin recommended denial because the application is incomplete. Bellus stated that it should be laid over because it is not complete. SlQadsld suggested that the Commission delegate approval of the permit to staff. Younkin disageed and said that a zequest for vinyl siding is an extenuating circumstance and that the Commission needs to review this. Page 4 of 4 � • CITY OF SAI�TT PAUL A'ornt Colemmi. Ma}'or P.�Ill 2.� 2.��1 Mark Knutson SVindoevlite I-Iome Improvements 8400 89"' Aeenue N. #460 �-} e.n�' Oi=fICEOF LICF\S[, NSPCCTIOYS AND E\\'IRO\)fE�TAL PROTLCT[OS P.oger Q�rti>, Diret�or LOi%P.YPROPESSIO;\:9L BUII.DL�'G Suite 300 3�0 St Peter S!�ee: S^int Paid. A1i+mesoln 5510?-I�l D Brook]}m Park, MN 55445 Re: 72S Euclid Street, Dayton's I31uff fIistoric District File #4310, building permit • u Dear Mr. Knutson: � � ��D Te(epl:a:e: Gil-36G-9093 Fhcsimi7e: 6i 1-26G9J'l9 The Heritage Przservation Commission (I-IPC) considerzd ai its t�4arch 22, 2001 meeting your application to install vinyl windows on the property lutzd abo� e. The commission voted to lay o�'er this item until the next permit review/public hearino meetm� on April 26, 2001 because no one «'as present to represent the apphcant or the o��ner. repo -. _ - representatice should plan to be at the next meeting to 2�'oid furthzr delays. I met with the o«ners on March 23, 3001 to di;cuss another buildina permit for �inyl siding. It «'�s determined that if the owners submit photos and addihonal information by Apri1 11, the permit for vinyl sidin� «ould bz on the aeeada for April 26, 2001. Bofn pemuts, one fo; windows and the o±her for siding. will bz presented to the commission on April 26. I�cill send an April a�enda and the stafi rt�`Titten for the b4arch 2� 2001 mzetine prior to April s meztine. You or an o«ner's Please feel frez to call me at 651?66.9075 if }�ou ha�e any quzstions. Sincerel}, Amy Spon� Historic Przservation Specialist Enclosurz CC: \Va Seng }'an„ oumcr ]iall Khue, family member Juhn hicCann, Grayha�vk Builders File copy � � �cppravec� M.i,nJ�cg o� ��t 2(o�2a • �-�—�ac,hm�+ ��;� �lews�� Motion to lay the issue over for two weeks (Larson). tiSeyer offered a second. Motion carried unanimously. 6 1 - �D9p' Commissioners reiterated to the applicant that she needs to get come back with: • The extent of the replacement -�;� Permit for the driveway More bids from contractors that have dealt with specific issues � 728 Euclid - Building permit to install vinyl ivindows and vinyl siding (two agenda items, conducted as one item) Spong reviewed her staff reports. Spong also stated that she received a phone call from the Window Lite representative who stated that the windows had been ordered and were in their warehouse and that they would not refund the owner's money if the permit is not approvzd. Younkin questioned if staff laiew when the windows were ordered versus when the Commission found out about the issue. It is likely the windows were ordered before application for the permit. • r � L_J A representative of Grayhawk Builders, the firm who will replace the siding, stated that their firm will not cover the aluminum (as stated by staf�, that it will remove it all but the trim and the wraps and replace it with vinyl. Spong stated that Grayhawk told her they would cover the siding. Larson questioned if the contract for work was signed before the permit was pulled. Grayhawk stated that it was - that the contract is typically the first step. Lee Meyer questioned who is responsible if the permit is not approved. Bellus requested that Hargens chair the meeting. Bellus leaves (6:04 p.m.) %Tku an interpreter, the homeowner stated that she simply wants to repair areas of her home that were damaged by hail last year. Hargens questioned if the applicant understands that the contract is for her whole house? Homeowner responded that there is a misunderstanding because she wants only the damage fixed. Homeowner is frustrated that she cannot get what she k�ants. Insurance estimator contacted homeowner to contact the siding company, but there wasn't enough money to cover the entire bid. (Bellus retums - 6:08 p.m.). Larson stated that it appears the homeowner has two contracts that she doesn't want. Grayhawk offered to put 3.5 inch siding on the house and maintain the same color. Hargens asked Grayhawk if he understands that the Commission wants him to sit down with the homeowner and figure out what she wants/needs. Spong suggested that the proposalS be withdrawn since the homeowner does not want them. Commissioners agreed, but Wilsey stated that the Commission must act on the issue with the windows because the homeowner won't get her money back. Homeowner stated that she has put $3400 down for the windows. Homeowner questioned why the HPC won't approve the request. Younkin stated that the windows are Page 3 of 5 R lJ not the same size as the originals and that the HPC prefers wood windows that match existing. � Bellus suggested that the HPC assist the homeowner in finding a pro-bono attomey to help her. ��'�� • Errigo said that the Commission should formally deny both applications. Younkin said that he prefers fo approve the removal of the aluminum and assess what is undemeath. ; Errigo suggested that the Commission approve the staff recommendation and that should cover it. Homeowner asked if she would win if she took the issue to court. Bellus said that he didn't lmow, and that is why she needs an attomey's help. Emgo stressed that the HPC is not trying to do anything that will make the homeowner lose her insurance money. Homeowner said that she does not lmow if the windows were ordered. Spong restated that the windows were ordered and have arrived. Motion to deny both permits (Errigo). Larson offered a second. Motion carried unanimously. Grayhawk asked what the next steps are. Commissioners said that the permits were denied and that he needs to work with his client. l93 Pennsylvania Avenue - application for a sign permit • Spong reviewed her staff report. Younkin asked where the signs will be attached. Staff pointed out the location on the photographs. Larson asked if the Commission can approve the request on a temporary basis. Spong advised to review it as a pernanent request because 1-2 years is a long time. The applicant, George Bergh, stated that the museum is now open and that it needs signage to direct people. He also stated that the signage is low on their priority list and that they don't want to spend a lot of money for a temporary sign. Younl:in moved approval on the condition that the sign is removed within three years. Lee Meyer offered a second. The motion carried unanimously. 252 Maria Avenue - for a building permit to replace an asphalt shingle roof (work was already completed without a building permit or HPC approval). Spong reviewed her staff report. Homeowners, Jesse and Jayce Hemandez, stated that they had water leakage into their home and that friends and relatives offered to help them put on a new roo£ Mr. Hemandez stated that he had eye surgery the day the inspector came out and that he was not at the property. He stated that he was not aware he was in a historic district and that he needed the permit even if he did the work himself. • Larson asked the applicant if he was aware that he could change the color of the roofing materials before it was completed. Hemandez said that the work was already mostly complete when the inspector cited him. Page 4 of 5 I _ _-- ---- . _ .�_ ._. _ . _ — ' Amy S_pong - home doc Pa e -- 9 1 f�-�c.hmevr� • • Wa Seng Yang 728 Euciid St. St. Paul, MI� 55106 May 6, 2001 Window Lite Home Improvements, Inc. 8400 89th Avenue N., Suite 460 Brooklyn Park, MN 55445 Dear Window Lite Home Improvements, Inc.: � b1-1�`1 ;` On December 9, 2000, my wife and I hired you to replace the windows on our home at 728 Euclid St, in St. Paul, Minnesota. At the time, we gave a deposited in the amount of $ 3450.00. We hired you because of your representation that you are a professional company with the right expertise to get the job done for us. We relied on your representation and counted on your expertise. About a week ago, my wife was asked to attend a hearing at the St. Paul Historic Preservation Commission because you applied for a permit to put the improvements on our house. Even though you were the contractor- applicant, you did not show up at the hearing. My wife was questioned about the window improvements in her capacity as the homeowner and she had no answers for the Commissioners. In the end, we were told that the windows you planed to install are not in compliance with the City's guidelines, and that YOUR application was denied. The staff person at the Commission also informed us that you have communicated to the Commission that if you could not install YOUR non-compliant windows, than you did not intend to complete the job and that you intend to keep our deposit. This letter is to confirm if you intend to cure the application and appeal the Commission's denial so that you can get the permit to do the job as we agreed to on December 9, 2000. We are willing to work with you to obtain the necessary permission to do the renovations, even if it does mean that we �� ._ --. _. . _...... _ _ - Amy Spong - home.doc _ _ _ _ _ _ __ _ _ Page � l -t�9Y; � ,._ . : • • have to appeal the application. However, we do believe that, as the contractor, it is ultimately your responsibility to get the necessary approvals and if you cannot get the necessary approvals to get the job done, you must notify us as soon as possible so that we can consider other options. Most importantly, if you do not intend to move forward with the improvements, we demand that you return our fuil deposit to us. We look forward to hearing from you by the end of the week. You may respond to us at the above address or call us at the following telephone (651) 771-7762 or 771-6501, and ask to speak with our daughter Ker Yang, who will be our interpreter. Sincerely, Wa Seng Yang Tia Kue Yang �� f��a-c,l� me..�-� � MINUTES OF THE HERITAGE PRESERVATION COMMISSION CITY OF SAIIQT PAUL, MINNESOTA Room 40, Lower Level, City HalllCourt House July 26, 2001 a � -l�g�' Present: 7ames Bellus (chair), Judith Benton, Susan Bartlett Foote, Joseph Erri�o, Lee Meyer, Ray Meyer, Shari Taylor Wilsey and Richard Wolfgamm Absent: Gar Hazgens (excused), Paul Larson (excused), Richard Murphy (unexcused), Dan Scott (excused), Dudley Younldn (excused) Staff Present• Julie Hoff John Slffadski and Amv Spone CALL TO ORDER: 5:07 p.m. • II. A1VNOiJNCEMENTS - There were no announcements. III. APPROVAL OF THE AGENDA - The agenda was approved after removing Item I, a building permit request for 339 Summit Avenue. N. PERMIT REVIEW/PUBLIC HEARING A. 728 Euclid Street - Request for a building permit to a install vinyl windows Spong reviewed her staff report which did not recommend approval of the building permit as proposed. However, staff would recommend approval of the window replacement if only the existing sash be replaced with wood to match the existing window dimensions and proportions. Due to language barriers, the applicanYs brother-in-law read a letter from the applicants. John Lauer, Sales Manager for Window Lite, showed picture of nearby homes that have vinyl siding and windows and made the argument that it is not appropriate to prevent these homeowners from having vinyl windows and vinyl siding when many other nearby properties are not in compliance with heritage preservation guidelines. Lauer stated that he cannot refund the applicanYs deposit even if the permit is not approved and that further questions would have to be directed to the owner of the company. Wilsey questioned why the company didn't pull the permit first. Lauer stated that he did not laiow. Wilsey commented that the company did not follow the appropriate process. Errigo made a motion to approve the staff recommendation. Benton offered a second. The motion was approved unauimously. B. 728 Euclid Street - Request for a building permit to install vin�l siding Spong reviewed her staff report which did not recommend approval of the building permit. • However, Spong did state that the Commission had reviewed a similar request recently, and in that case, the Commission did approve the request. � 1Z �►-to9� • Foote asked about the condition of the siding undemeath. Spong replied that it is difficult to assess without exposing more areas. Lee Meyer asked about how this situation is different from the one that the Commission approved. Spong stated that the owner in the previous situation refused to remove any siding to see what was undemeath. This case is similar to the last in that both were insurance claims from hail damage and were only covering expenses to replace their aluminum with like materials. Wilsey made a motion to approve the request with the staff recommendation that the vinyl siding be of a width, texture and color that closely matches the original wood siding. Also the removal of the aluminum and installation of the vinyl should be done in a manner that will not further damage or destroy the underlying wood siding. Ray Meyer offered a second. The motion carried five in favor, two opposed (Bellus and Errigo) with one abstention (Benton). The meeting was adjoumed at 7:05 p.m. Submitted by: Julie Aoff • Staff • �� -+�.�,m�t a� OFFICE OF LiCE\SE, iVSPECTIOVS A�D EtiVIRO?i�IENTALPROTECT10ti Roger Curtis, Direc[or V�'��1 CITY OF SAINT PAUL Norni Cofenmq hfay�ar July 27, 2001 Mark Knutson �Vindowlite Home Improvements, Inc. 8400 89`" Avenue N. Brooklyn Park, NN 55445 LO[t�RYP?,OFESS/O.VAL BU/LDl:VG Suite 300 350 Sc Peter Sireet Snin� Pa�e{ blinrsesoln SS/02-I.i10 Re: 728 Euclid Street, Dayton's Bluff Historic District File �4310, building permit for vinyl windows Dear Mr. Knutson: Te[ephorse: 65/-?66-909,0 Facsimile: 65l-266-9099 • As you know, the Heritage Preservation Commission (HPC) considered at its July 26, 2001 meeting your application to install vin}•I «'indows to the property listed above. The commission voted 8 to 0 to deny your application. This dzcision was based on the findings included in the attached staff report. You or any a;grieved party has the right to appeal the Commission's decision to the Saint Paul City Council under Chapter 73 of the Saint Paul Legislativz Code. Such an appeal must be filed �vithin 14 days of the date of the HPC's order and decision. Chapter 73 statzs: (h) Appeal to ci!}� council. The pern�it app/ica�tt or any pnrty aggrieeecf b}� the decisioa ofthe keritage preservn�ia� co�nmission shall, wi�hin fomYeen (14) da}s o dte dnte oJtGe heritage presenntion conu+�issio��'s a��fer and decisio��, hnre a right to trppea! such order n��d decisia� to the city� co�mcil. The appen! sl�al! be deeined pmfected upa� receipt b}' t/ie dirisiw� afplaiining of tti�o (2) copies of a aotice oj appeal a��d statenien( setting fmd� the groinids for the appeal. The dirision of plmming skall h'mumit one cop}• ojthe �rotice of appea! and sta�en�ent to tke cig� coimci! and aie copy to the heritage preservatio�� conur�issimt. Tlre conurtission, iii mry uritte�� order dert�•i�rg a pern�it npplicatiat, s1rn11 advise the appl�cmit oJthe rigk! to appeal to the ciq� co�u�cil m��l iitcli�de tkis pnrngrnph in nl! such a ders. Please feel free to call me at 651.2G6.9078 if you have any questions. -A�� a Sincerely, • Am�• Spon� Histuric Preservation Specialist cc: �\'a Seng 1'ang, o�vners Jim �Vest, Building Inspector H f� File File ; 4310 • CITY OF SAINT PAUL ��-1� • • FILE NA�l�1E: 728 Euclid Street DATE OF APPLICATION: February 14, 2001 HERITAGE PRESERVATIO\ C011�IISSION STAFF REPORT = ;' APPLICAI�TT: �Vindo�a Lite Home Improvements DATE OF HEARIi�IG: July 26, 2001 (Laid over from April 26, Z001) HPC SITE/DISTRICT: Dayton's Bluff Herita�e Presero�ation District CATEGORY: contributin� CLASSIFICATION: building permit STAFF TNVESTIGATIO\T AI�'D REPORT: Amy Spon� DATE: July 19, 2001 (re��ised July 27, 2001) A. SITE DESCRIPTION: The structure at 728 Euclid Streei is a two and one-half story post-Victorian built in 1912. The im�entory forni classifies the structure as non-contributing to the Dayton's Bluff Historic District, however, gieen the date of construction the structure contributes to a si�nificant time period for the Dayton's Bluff Historic District. The asphalt roof is hipped with gables and the �vood framed �valls have alimiinum on dapboard and the porch is enciosed. The ori�inal owner was Joseph L. McGuire who «�as listed as an en�ineer for a local en�ine company. B. PROPOSED CHANGES: The applicant is proposin� to remove the existing windo�v sash to install ne�v ti�inyl frames and sash �� ithin the existin� windo�c frames on approximately 12 �vindows. Staff was unable to contact the applicant to determine the exact location of the ��indow replacements. C. GUIDELINE CITATIONS: Darton's BltejfFlistot•ic DisU•ict Ga�ide(iires (1992) Genera! Priirciples: 1. All n orJc shotdd be of a clrm acter afid qualit}' dint maiatains the distiiiguishin� features of rke build�n� and the enviro�7ment. Tlie removal or alteration of distinctive ardtitecnn al feahu es sJrould be ai•oided as slmtdd alteratia7s tl:at kave i7o l+ista icnl basis a��d tir{iidt seek to create mi earlier appecu�curce. Tl�e resto� ation of altered original featiu�es, rf doctunentable, rs encom•aged. 3. Drteriorcrted ar�cliitect�u•al fentur�es sl�ould be r epaired rntl:er tkai� replaced irke�tei�er possible. Lt the ei•e��! of repincemeiit, �:ei� materials shou/d nratcli the origi�ial irt conaposrtion, design (includi�e� consirler�atiori of pr oportio�i, te.rt�u�e and detai!), color mid oreral! appenrairce. [I'ii7doi�s 1. St_e aitd Shape. Esistiitg ivindoics aitd door ope��ings slrould be retair�e�l. It ir.rloiv ope�ii�igs shoirld �+or be enlarged or reduced to fit new units. fVetir ticindoic opei�ings sho�dd not be intraduced into priifcipal elevatioiis. 3. Sash. Tke si=e aru! nuntber of pmzes of glass in each sash should not be ntterzd New sash, if installed, should d«p[icate the esistuig a odier appropriate models. Gmik-out or'sliding units are not appropriate r�eplaceme�rts for single or� doirble-hm�g saslt. 3. Trin�. Historic u indotir casings or s�urozurds sko�dd be retained tirherever possible; if replacen�eat is necessm}• the origina! profile sho�dd be replicated. I� File r4310 —'. • D. FINDINGS: ' - 6 �_►o°t fl l. The structure is considered non,contributin� to the Dayton's Bluff Historic District, however _ given the date of construction, the structure contributes to a si�nificant time period for the ;` Daycon's Bluff Historic District. . 2. The proposed windotivs do not comply with the guidelines that do not recommend reducing the ` ori�inal openings to fit new units and do recommend duplicatin� ori�inal materials or other appropriate models. . � I W �� •� �i� _ r � � . _- � ,� . �� Windows • Siding Kitchens • Baths & More Friday, August 10, 2001 �-�{- me.r�1' CROSSTOWN NORTH BUSINESS CENTER #4 SUITE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 � a 1-1 �k� ;' PHONE 763-425-2227 FAX 763-425-9136 www.windowiite.com Saint Paul City Council 350 St. Peter Street Suite #300 Saint Paul, MN 55102 Re: 728 Euclid Street, Daytons Bluff Historic District File 4310 Building Permit for Vinyl Windows • Dear Saint Paul City Councii: On July 26'�, 2001, the heritage Preservation Commission (HPC) denied our application to install vinyl windows on the home of Wa Seng Vang. Under Chapter 73 of the Saint Paul Legislative Code; being an aggrieved permit applicant we are exercising our right to appeal the order and decision to the Saint Paul City Council. The grounds of our appeal are as follows: Window Lite understands and agrees that historic design and character are vital to ensuring that the 1992 Daytons Bluff Historic District Guidelines are maintained. 2. Under Generai Principles 1. • All work should be of a character and quality that maintains the distinguishing features of the building and the environment. The removal or alteration oi distinctive architectural feafures should be avoided as should alteratrons that have no historical basis and which seek to create an earlier appearance. The restoration of altered original features, if documentable, is encouraged Currently the home at 728 Euclid has aluminum storm windows instailed in the 1960's. Our industry now acknowiedges the lack of efficiency and propensity to promote dry rot of the original windows behind the storms. Our proposai for vinyl repiacement windows will, in fact, restore the original appearance much closer to that of the original structure. The original structure had no historic grid pattems or architectural glass in any of the windows proposed for replacement. f� • Page 2 Y � � r •� �-� TM Windows • Siding Kitchens • Baths & More 3. August 10, 2001 CROSSTOWN NORTH BUSINESS CENTER #4 SU1TE 460-8400 89`" AVENUE NORTH BROOKLYN PARK, MINNESOTA 55445 o t —ic�y� ;` PHONE 763-425-2227 FAX 753-425-9136 www.windowlite.com Under General Principles 3. Deteriorated architectura! features should be repaired rather than replaced whenever possible. In the evenf of replacement, new materials should match the original in composftion, design (including consideration of proportion, texture and detail), color and overall appearance. Repairing the houses originai single pane windows and removing the 1960's era aluminum storm windows �rrould create a hardship to the Wa Seng Vang family. Already in the winter of 2000 the family spent $1200 for heating in a 3 month period with the storm windows now in use. • With regards to the composition issue, the HPC at the same hearing on July 26 2001, approved the application of vinyl siding on the residence at 728 Euclid Street. The only wood replacement window available on the market is manufactured by Marvin Windows. The Marvin window requires the use of a storm window in Minnesota to meet Minnesota's U-value requirement. Therefore we contend that it is not possible to comply wifh principle 3, without altering the architectural appearance more than the replacement vinyl ' windows_ The replacement vwndows will improve the historical character of the home by eliminating the silver aluminum storm windows. In addition, the Wa Seng Vang family will gain tremendous savings in their energy bills, eliminating a substantial hardship to a working family. 1. 2. • Windows Item 1. Size and Shape. Existing windows and door openings should be retained Window openings should nof be enlarged or reduced to fit new units. New window openings should not be introduced into principle efevations. The replacement windows are custom made to fit into the current openings, the openings witl not be enlarged or reduced. The frames of our windows are low profile 1-1/4" which fit inside the stops of the existing windows. Windows Item 2. Sash. The size and number of panes of glass in each sash should not be altered. New sash, if installed, should duplicate the existing or other appropriate mode/s. Crankout or sliding units are not appropriate replacements for single or double-hung sash.. The size of sashes and number of panes are not changing and will duplicate the origina! double-hung style. r � a � � i �� r � TM � Windows • Siding Kitchens • Baths & More August 10, 2001 D � - l�q� CROSSTOWN NORTH BUSINESS CENTER #4 _ SUITE 460-8400 89`" AVENUE NORTH ;' BROOKLYN PARK, MINNESOTA 55445 PHONE 763-425-2227 FAX 763-425-9136 • www.windowlite.com The size of sashes and number of panes are not changing and will duplicate the original double-hung sryle. 3. Window Item 3. Trim. Historic window casings or surrounds should be retained wherever possible,� if rep/acement is necessary the original profile should be replaced. The historic wide trim will remain unaltered. In conclusion, the commissions findings that our window will not fit the original openings are incorrect; they wi�l fit the original openings because, these are custom made replacements. Secondly, recommending duplicating original materials on our project while approving vinyi siding on the same residence appears capricious and discriminatory. The Wa Seng Vang family simply wants to improve • their home, as well as the neighborhood (see attached photos of other homes surrounding 728 Euclid Street). We appreciate the Saint Paul City Counci(s attenfion fo fhis matfer. ' Sincerel ;-� � /" Jim Lamoureaux President Window Lite Home Improvements, Inc. Attachments kv • I�