HRB Meeting June 9, 2015 City Council Remand of AP 14-02/ZC 14-02

Community Development Department2 Purpose of Meeting Hold Public Hearing to consider appeal and remand of ZC –Denial of Removal of th Street from Historic District Overlay Zone Hold Public Hearing to consider appeal and remand of DR –Approval of Rear Dormer Addition, with Conditions –Denial of Garage Replacement

Community Development Department3 History of th Street Applications The 2014 application included two requests: –ZC Removal of the Historic District Overlay Zone, and –DR Design Review for Porch Addition, Addition to a Rear Dormer, Window Replacement, and Garage Replacement. On October 21, 2014, the HRB held a public hearing: –Recommend the City Council deny ZC Removal of the Historic District Overlay Zone –Completed the Design Review DR Approved the Window Replacement and Porch Addition Approved Addition to a Rear Dormer, with Conditions Denied the Garage Replacement. The decisions were appealed to City Council and remanded to the HRB, at the appellants request, for reconsideration.

Community Development Department4 Issue Number 1 on Remand for ZC Removal of th Street Property from the Historic District Overlay Zone –Property is within the Willamette Historic District –Property is not included in the National Register Willamette Historic District

Community Development Department5 Background Information on Historic District June 11, 1980 revised the City’s Comprehensive plan in part to designate old town as a historic district (included 14 th Street) December 14, A new Community Development Code was adopted that included the Willamette Historic District. May 31, 1984 – the West Linn Comprehensive Plan and implementing ordinances were acknowledged by the Land Conservation and Development District November 14, 1984 Willamette Historic District Task Force was created

Community Development Department6 Background Information on Historic District September 24, 1985 – updated the inventories related to the Willamette Historic District June 11, 1986 – Updated the Comprehensive Plan relating to the Willamette Historic District July 15, Amended the Zoning Map, Repealed and Replaced Chapter 25 (Historic District)

Community Development Department7 Criteria for Removal from District The criteria for removal under (B) the applicant must demonstrate that –1) the property owner at the time the property was included in the City’s historic district objected, and –2) the property was included in the district over the objection of the property owner. ORS (3) A local government shall allow a property owner to remove from the property a historic property designation that was imposed on the property by the local government.

Community Development Department8 Criteria for Removal from District CDC (A) Consideration of factors, (B) Change in neighborhood or mistake or inconsistency, or (C) Conformance with criteria, need for change and change will not adversely affect the health, safety or welfare. The applicant has not provided evidence that the proposed removal of the Property from the historic district overlay zone is due to a proof or change in the community or neighborhood, or that there is evidence of a mistake or inconsistency. In addition, it is not supported in the relevant Comprehensive Plan policies, nor is there a public need for removal of the designation.

Community Development Department9 Decision Making Process Questions or Clarifications –Process/Previous Decision Discussion and Reconsideration of ZC Remand –Focus on Findings and Criteria Make a Final Decision –Recommendation to City Council to Approve the Removal of th Street Property from Historic District Overlay Zone –Recommendation to City Council to Deny the Removal of th Street Property from Historic District Overlay Zone

Community Development Department10 Issue Number 2 on Remand for DR The Condition of Approval for the Rear Dormer –The Historic Design Review specific to a reconsideration of the addition to the rear dormer that extends the existing rear dormer to the north and is flush with the side elevation. The Denial of the Garage Replacement –The issue related to Design Review considers the applicant’s request to replace the existing contributing garage (468 square feet) with a larger structure (910 square feet). –The applicant should clarify their intentions to address the garage denial with this process or remove the garage request from further consideration.

Community Development Department11 Summary of 2014 Decision for Design Review Rear Dormer Addition - The addition to the rear dormer as proposed is flush with the side elevation and cannot be clearly identified as an addition, is not constructed in a way that is easily reversible, and is not subordinate to the original structure. The criteria can be met if the proposed dormer is set back from the side elevation a distance equal to the set back of the dormer on the southeast elevation. This is addressed in Condition of Approval 2. –The following slides identify the criteria that were met with the addition of Criteria 2.

Community Development Department12 Rear Dormer

Community Development Department13 Criteria Conditioned for Design Review Rear Dormer Addition – DESIGN STANDARDS APPLICABLE TO HISTORIC RESOURCES These standards are intended to preserve the features that made the resources eligible for historic designation A. Standards for alterations and additions. This section applies to historic reviews for alteration of and additions to designated historic resources: –1. Retention of original construction....The original construction shall be maintained or restored to the greatest extent practicable....Stylistic features of original construction that shall be preserved include, but are not limited to: other primary structural elements, spatial relationships that characterize the property, See Finding 2 –3. Time period consistency. Buildings shall be recognizable as a physical record of their time and place. Alterations which have no historical basis or which seek to create a false sense of historical development are not allowed. See Finding 4

Community Development Department14 Criteria Conditioned for Design Review Rear Dormer Addition –5. Differentiate old from new. Alterations and additions shall be differentiated from the original buildings and shall be compatible with the historic materials, features, size, scale, proportion, and massing to protect the integrity of the property. See Finding 6 –6. Reversibility. Additions and alterations shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its context would be unimpaired. See Finding 7 –7. Building additions. Building additions shall be subordinate to the original building, smaller in scale, and attached to the rear or set back along the side. Features of building additions, including the proportions of window and door openings, shall be consistent with those of the existing building. Dimensional and other requirements in the underlying zone, as applicable, shall apply. See Finding 8

Community Development Department15 Criteria Conditioned for Design Review Rear Dormer Addition –11. New exterior walls and siding. Wood siding or shingles shall be used unless the applicant demonstrates that an alternative material has a texture and finish typically used on similar style buildings of the era, or the era the building style references. Vinyl or other materials that do not match those that were typically used on similar style buildings of the era, or the era the building style references, are not permitted. See Finding 12

Community Development Department16 Criteria Conditioned for Design Review Rear Dormer Addition – DESIGN STANDARDS APPLICABLE TO HISTORIC RESOURCES These standards are intended to preserve the features that made the resources eligible for historic designation A. Standards for alterations and additions. This section applies to historic reviews for alteration of and additions to designated historic resources: –6. Reversibility. Additions and alterations shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its context would be unimpaired. The addition to the rear dormer is not proposed in a way that is easily reversible nor is the essential and original form of the structure easily identifiable. Staff finds that the criterion can be met if the proposed dormer is set back from the side elevation a distance equal to the set back of the dormer on the southeast elevation.

Community Development Department17 Decision Making Process Questions or Clarifications –Process/Previous Decision Discussion and Reconsideration of DR Remand –Focus on Findings, Criteria, and Conditions of Approval Make a Final Decision –Approve the Design Review subject to existing conditions of approval –Approve the Design Review subject to modified conditions of approval –Deny the Design Review.