The Let's get started. I'm going to start off with an apology. I'm apparently very winded from having the flu, so I'm over it. But I'm a little winded, so bear with me. I would like to welcome you to the December 7, 2022 meeting of the Board of Architectural Review. We appreciate those of you who are in attendance today. The board was established by zoning ordinance in 1958. Our first historic district was Grants Park, and we now have a total of 15 historic districts. The board, which is appointed by the mayor and confirmed by the Urban County Council, is part of the Division of Historic Preservation. The Historic Preservation Office maintains a full staff to assist you with your projects. The board encourages and recommends that applicants use them as a resource. The Historic Preservation Office is located at 101 East Vine Street, Room 220. It is our procedure to consider applications in the order in which they're listed on our agenda. In each case, we'll have a presentation by the staff and we'll hear any additional comments from the applicant. The board will then ask questions or make comments regarding the application and hear comments from any other interested parties. The chair will then ask the board members to enter a motion. If you wish to address the board, please come to our microphone and state your name and address for the public record. We'll also ask that you write your name on the sign-in sheet by the door so that the information can be recorded correctly. I would like to note the following staff approvals before we begin our review of applications. There are certain items that the staff can approve, eliminating the necessity for all applicants to appear before the board. There are a total of 20 applications that have been approved by the staff. They are as follows. In the Ashland Historic District at 236 DeShay Road, replace fence. At 977 Fencastle Road, install skylights. In the Ellsford Historic District at 214 Arlington Avenue, renovate structure in site at 218 Clay Avenue renovate structure at 466 East Side Street renovate structure at 343 Lafayette Avenue replace fencing at 332 Park Avenue renovate the structure at 340 Woodland Avenue replace sidewalk in the Belcourt Hissart District at 153 West Belcourt replace deteriorated trees at 145 West Belcourt renovate structure In the Catantown Historic District at 2986 Catantown Road, reissue the Certificate of Appropriateness. In the Constitution Historic District at 155 East 3rd Street, install fencing. And at 159 East 3rd Street, install fencing. In the Ellesmere Park Historic District at 611 Ellesmere Park, renovate structure. In the Fayette Park Historic District at 425 Fayette Park, replacement windows. In the Mulberry Historic District at 112 West 4th Street, renovate the structure. In the north side of the Historic District at 239 North Broadway, remove deteriorated trees. At 602 North Broadway, renovate structure and site. In the Pensacola Park of Historic District at 106 Suburban Court, renovate the site and garage. And finally, in the South Hill Historic District at 200 West Side Street, renovate parsonage. We're now ready to begin with our first application, which is at 324 Ellsford Place in the Ellsford Historic District, Scope of Work, Instruct, Addition, and Dormer. Is the applicant here? Come on up. Okay. If you go over there, ma'am. I'm actually, this may be a brief conversation because I typically sell my cases. The ones that we can do a routine approval, we go ahead and do those. I know that we have a disapproval on part of your application. Do you want to be heard on that? Do you want to have a hearing? Okay. I'm sorry, I'm not explaining this very well. You will have an opportunity to explain why you think we should go ahead and approve your application, notwithstanding the staff disapproval. We have come to understand that we have a change to do a shed dormer from the side. Okay, you need to speak more into the microphone and state your name for the record, please. Shelby Marletta. All right, Ms. Marletta. Now explain to me what we're doing. Okay, so I had asked to do an addition that went straight up, and instead I spoke with Barry, and we had come to an understanding that a shed dormer from the side would be appropriate. Okay, Barry, have they revised the plans to your satisfaction, or where are we? And do we have them? What we have is a sketch that I reviewed that will meet the guidelines. As far as the proposal, the one shed dormer on the south end of the house, the small one, that could be approved. But in order to get additional space in the second floor, they're going to need to add some others, which does not meet the guidelines. It's adding a second floor or a third floor to the structure. So we couldn't approve that. But with doing these dormers, if we got another extension, we could get drawings that would meet the guidelines. So I take it this is a long-winded, roundabout way that we're asking for an extension, a postponement of the hearing? Yes, until the hearing, right? Yes, and I actually filled out an extension form, which I have, that we could get signed today. So if that meets the board's pleasure. And Ms. Marlena, is that agreeable to you? Yes, sir. Ms. Shelby? So I wanted to ask, excuse me, I didn't mean to blast everybody out of the room. I wanted to ask if you're doing a 60-day extension? 60, yes. Okay. All right. because obviously it will be the january meeting right um at the earliest yes before this is possible and does that work for you well let's put it this way it has it'll yeah it no no we have to have the information well before that to in order to have it but anyway um so a 60-day extension is what will enable all this to come into place as you need And it could be. Signers. Okay. All right, so since I've already sounded the case, what we're doing is a continuation of the hearing. You will go ahead and sign the extension request. When is our January meeting? The 18th. All right. I don't know that I would say that what you all did was really opening the case. We didn't do a staff presentation. Well, I thought I was hearing what amounted to a staff presentation. That's what I was thinking. It's whatever your choice is. Counsel, are we continuing or postponing? I think we're postponing myself. We needed to, but I was getting ready to interrupt you at one point and say, if you're going to talk any further, we need to open the case and make a staff presentation. But you stopped before I could get to that. which probably constitutes, therefore, a postponement. All right. We'll postpone then. Thank you. All right. I'm just trying to get the verb straight. This is a housekeeping process matter. You don't need to worry. All right. So do I have a motion from one of the board members to postpone this proceeding to the next meeting of January 18, 2023? So moved. Betty, you've got to look. I'm just thinking in some ways this really isn't a complete application, but I still think we'll proceed on with the extension as discussed. All right. Thank you. All right. Second. All right. Hitches aside, any discussion on the motion? If not, the Chair calls a question. All those in favor of the motion say aye. Aye. Opposed, nay. Motion passes, and we are postponed until January 18. And thank you so much for your cooperation with us. Thank you. I appreciate it. Thank you. Okay. All right, going to our next application. At 463 West Maxwell Street in the Ellsworth Historic District. Scope of work is demolish porch, construct rear addition. Is the applicant here? If you'll state your name for the record, please. My name is Joe Don. All right, Mr. Don. Owner of 463 East Maxwell Street. All right. You're almost a neighbor of mine. I'm going to translate your part. All right. The staff has recommended approval of your application. However, they had a couple of what I call substantive suggestions. The first one is they want you to move the right wall of the addition, the right wall of the addition, a minimum of one foot from the corner of the historic district. Are you in agreement with that? Yes. And the other one is lower the slope of the roof to allow the new roof to meet the rear wall below the existing soffit. Are you in agreement with that? Yes. Okay, and the other three and four are what I call our standard conditions, and we'll read them in the record. Once reviewed by the other city divisions, resubmitting changes to staff or board for review and approval prior to start of work. Are you in agreement? Yes. And finally, if any changes are made that alter the information submitted, resubmit the changes to staff for review and approval prior to start of work. Are we in agreement with that? Yes. All right. Any questions or comments about this application? Mr. Chair, before you make a motion, I know you're going to ask for audience comment, but you unintentionally misspoke on your read of condition one. All right. And so if we could reread that into the record, it needed the word historic structure at the end. And I believe you said historic district. Oh. Yeah, well, these things happen. All right. Then I'm going to add in also the missing preposition. Move the right wall of the addition. A minimum of one foot from the corner of the historic structure. Thank you. All right. Okay, where am I in the process? I was asking, I have no comments from the board members. Any comments from the audience? All right, I believe then we're ready for a motion. Mr. Chair, in regards to case number 12670463-I at 463 East, Maxwell, I move that we approve the certificate of appropriateness with the conditions that you have read into the record. All right. Do I have a second? Second. Any discussion on the motion? Hearing none, the chair will call the question. All those in favor of the motion say aye. Aye. Opposed, nay. Motion passes and the application for a COA has been approved as conditioned. Thank you so much. Thank you. And good luck with your project. Thank you very much. I'm looking forward to seeing it. All right. Turning now to 164 East Belcourt, the Belcourt Historic District. The scope of work is install solar panels on a rear roof. Is the applicant here? Mr. Chair, the applicant is not here, I mean, but has received a copy of their staff report and is agreeable with the conditions. And they are, there's one substantive condition, any increase in height shall be submitted to staff for review and approval prior to start of work. And they may agree with that. Correct. Okay, all right, so the other two are the standard conditions that we routinely add to any application. I believe we can move forward. Any questions or comments from the board members? Any questions or comments from the audience? Hearing none, I think we're ready for a motion. Chair, per case number 01530164-I at 164 East Valcourt, I move to approve the certificate of appropriateness with the conditions as noted. The first being, number one, any increase in height shall be submitted to staff for review and approval prior to the start of work. Number two and three, the standard conditions. All right. Do I have a second? Second. Any discussion on the motion? Hearing none, the chair will call the question. All those in favor of the motion say aye. Aye. Opposed nay. Motion passes and the COA as conditioned is approved. All right, so, yeah, I don't have an applicant. All right, so moving on to our next one at 163 East Third Street in the Constitution Street historic district. Scope. Hang on, did I skip for one? That project would be number four. Yeah, I have it. Thank you. All right, at 159 West Belcourt, in the Belcourt, his third district, I apologize, this was not in my packet. Install the storage shed. staff has recommended approval of your application sir and if you'll state your name for the record please uh james wagner uh staff has recommended approval with the standard two conditions are in agreement with those yes i am all right do i have any questions or comments about this application questions or comments from the audience hearing none we're ready for a motion oh sorry here you go you have it back now okay mr chair in regards to case number 01540159-l at 159 west bell court i move that we approve the certificate of appropriateness with the standard two conditions all right do i have a second Second. Okay. Any discussion on the motion? Hearing none, the chair will call the question. All those in favor of the motion say aye. Aye. Opposed? Nay. Motion passes and the COA as condition is approved. Thank you, Mr. Wagner. All right, turning now to 163 East 3rd Street in the Constitution Street Historic District. The scope of work is installed side fencing. Applicant here. Yes, Mr. Chair, Allison Groms here on behalf of the applicant, and we are in agreement with the staff recommendations. All right. It's good to see you again. Likewise. As I say, you got ahead of me. Is the standard two conditions, and you're in agreement with those? Yes, sir. All right. Thank you so much. Any questions or comments from the audience about this? From the board members, rather? Any questions or comments from the audience? All right. I believe we're ready for a motion. Chair, per case number 18790163-F at 163 East 3rd Street, I move to approve the certificate of appropriateness with the standard two conditions. All right, do I have a second? Second. Any discussion on the motion? There being none, the chair will call the question. All those in favor of the motion say aye. Aye. Aye. Opposed, nay. The motion passes, and the certificate of appropriateness as conditioned is approved. Thank you. Thank you very much. Happy holidays to the board. Thank you, and good luck with your project. Okay, turning now to the next application at 216 Market Street. In the Grants Park, it's our district. The scope of work is construct a covered pool. Is the applicant here? Lucian Dearborn is the applicant. Jim Gray is the owner. Mr. Dearborn. Oops. Good evening. Good evening. State your name for the record, please. I'm John Lucian Dearborn, proprietor of Dearborn Design. Okay. Okay. The staff has recommended approval of the application subject to what we've been calling the standard conditions. Are you in agreement with those? Yes, I am. Okay. Any questions or comments from the board members? Questions or comments from the audience? Hearing none, the chair is ready for a motion. All right, Mr. Chair, in regards to case number 12520216-P at 216 Market Street, I move that we approve the Certificate of Appropriateness with the Standard 2 conditions. All right, do I have a second? Second. Any discussion on the motion? Hearing none, I call for the question. All those in favor of the motion say aye. Aye. Opposed nay. The motion passes and the Certificate of Appropriateness is approved as conditioned. Thank you. Happy holidays. Take care. Thank you. Turning now to our next application at 239 North Broadway. The owner is Colt Management. The applicant is Joe Elder. Yes, sir. Joe Elder, 3516, Art in Place, Lexington, Kentucky, 40517. Okay, Mr. Elder. The staff has recommended approval of your application subject to what I've been calling the standard two conditions. Yes, sir. Are you in agreement with those? Yes, sir. All right, any questions about the application from the board members? Any questions or comments from the audience? Hearing none, then, I'm ready for a motion. Chair, per case number 02500239-D at 239 North Broadway, I move to approve this certificate of appropriateness with the standard two conditions. All right, do I have a second? Second. Okay, any discussion on the motion? Hearing none, the Chair will call the question. All those in favor say aye. Aye. Opposed nay. Motion passes and the COA as it's conditioned is approved. Thank you. Good luck. All right, turning to our next application at 112 Wabash Drive in the Pensacola Park is our district. Scope of work is construct a garage. And we seem to be moving just right along here. Yes, sir. I'll state your name for the record, please. Scott Book. All right, the staff has reviewed your application. They recommend approval subject to what I've been calling the standard two conditions. Mm-hm. Have you read them and are you agreeing with them? Yes, sir. All right, do I have any questions or comments from the board members? No. Questions or comments from the staff, or from the audience? Hearing none, the chair is ready for a motion. Mr. Chair, in regards to case number 19750112-A at 112 Wabash Drive, I move that we approve the certificate of appropriateness with the standard two conditions. All right, do I have a second? Second. Any discussion on the motion? Hearing none, the Chair will call the question. All those in favor say aye. Aye. Opposed, nay. Motion passes and the certificate of appropriateness is approved as conditioned. Thank you very much. Good luck with the project. Thank you. Thank you. All right, turning now to 236 Barbary Lane. In the seven parks historic district scope of work is install a storage shed. Is the applicant here? Mr. Chair, the applicant is not present but has received a copy of their staff report and is agreeable with the findings. Thank you. I will note for the record that there are the standard two conditions that I previously read into the record. Any comments from the board members? Questions or comments from my quickly dwindling audience? I think we're ready for a motion. Chair, per case number 01180236-D at 236 Barbary Lane, I move to approve the certificate of appropriateness with the standard two conditions. Okay, do I have a second? Second. All right, any discussion on the motion? Hearing none, the Chair will call the question. All those in favor say aye. Aye. Opposed, nay. Motion passes and the COA as conditioned is approved. All right, turning now to I believe what's going to be our last application, which is at 326 South Broadway in the South Hill Historic District. If the scope of work is construct a two-story addition, is the applicant here? The applicant is here, Mr. Chairman Bruce Simpson, on behalf of the applicant. It's also the law firm I'm privileged to work in and for. I need to call your attention and the board's attention respectively to... Well, you're getting ahead of me. I realize that you're going to address this issue. I would like for Council to first give us some background on this particular application and what happened. Sure. Ms. Smith. Thank you, Chair. it would be my opinion chair that pursuant to section 13-7E of the zoning ordinance that this matter is deemed approved having had more than 60 days since the application was filed and completed to give a little background for the record this is an application that had a rather large edition on it there has been some tweaks made to it unfortunately it was scheduled to come up at the last board meeting in November we did not have a quorum ordinarily we try to get our extensions from the applicants while they're there physically with us but because we didn't have the meeting they were mailed out in the meantime though the time period had expired and so we are now past the the extension period based on advice of council. There's an ordinance in play that says that if the application does not receive final approval within 60 days, that ordinance, and if I'm mistaken, correct me, the ordinance provides that the application will stand approved as if approved by the board. Now, Mr. Simpson, I'll let you tell me exactly what we need to do here. Excuse me, Mr. Simpson, one second. Excuse me. The staff would note for the record that as with any of the applications that fell upon this time when the meeting had no quorum and could not occur in November, all those applicants were sent on the day of November 17th and 18th. extension forms for their consideration should they wish to request a 30-day extension to carry their matter forward so that it could be heard at this next meeting. And in this situation, the applicants chose to not return that form, which is their right. But we didn't want anybody to be thinking they were not offered the opportunity to have an extension. and to have the matter fully heard by the board. As it happened, we had about five, and we got the letters out to all of them. All returned their extension requests as approved. I do want to note also that since we are effectively approving the application, that any person aggrieved by that approval can request a file and appeal with the Planning Commission. Mr. Simpson. Mr. Chairman, this is an unusual situation for me in 39 years of practicing law in this community. And for me as well. But I think the chair and counsel for this board have summarized the issue quite clearly and specifically, and I don't need to add anything more because, as counsel has said and as the chair has commented, this application has been approved by operation of law. I understand there may have been some tweaks that were submitted to the staff. I'm assuming that the applicant is going to adhere to the tweaks that were given to the staff? We were prepared to be heard in November. Paul Lee, our architect, we had several conceptual reviews with this board. We listened earnestly to their comments and constructive criticisms, and we believe we made changes actually that conform to those comments and constructive criticisms, and so I think regardless of how this has been approved, we're going to have a product that the board would have found quite acceptable. Okay. Well, thank you very much. Thank you. I appreciate your all's cooperation. Chair? Yes. Just a couple of points. If anyone is here on this application, since it was on the agenda for today, I think it's appropriate to allow them to comment, though it will not change the... I appreciate the reminder. Yes. And the board will have to make the revision to the findings and the conditions that are in the motion. I'm sorry, I can't hear you. When you make a motion regarding this matter, obviously there'll need to be different findings than what are in the packet that you have. So just noting that. Okay. A finding that it's approved by operation of law and you can leave it at that. That's what I was. I'm sorry, honestly I'm not following what you're trying to tell me. As far as I'm concerned, we're done with this. We don't need a motion, do we? If I might weigh in, Mr. Chairman, you're correct. This passed by operation of law, there's no findings that need to be made because there's no hearing. It was approved prior to this body assembling today. And you are already on record as a chair of the board and the board sitting concurring by not raising issues, perhaps. you're already on record that this is being handled due to the section 13 7 whatever its alphabet is E maybe I can't remember but of the article 13 that establishes this mechanism that reflects on how these matters can be resolved if the 60 day window has expired and there is no extension. So that is your, I would suggest the board's report for the record of how this matter has been settled. It's not needing to be a motion. It's just a statement for the record. Okay, so the statement is, in effect, our finding, if you will, for lack of a better word, the finding is that this matter stands approved because of the expiration of the time period for its approval. Yes. Percent to 13-7 sub-B, sub-1, sub-C. It's actually sub-E, but yes. Yes, 13-7 does E, you're right. That's what I was trying to say, yes. You're correct, all right. Which states, upon failure of the Board of Architects review to take final action upon any application within 60 days, the application shall be deemed to be approved. According to Council, legislative intent seems to be clear that the board only has 60 days to vote. Yes. Thank you. Personally, I have a different take on that interpretation, but I'm just the board chair. All right. So I guess we're done in this. Are we not? Was anyone here to comment on that? I'm sorry. I'm seeing one other person. Is there a comment regarding this application from anyone? Hearing none. Does any board member want to make a comment? No comment. All right. Personally, I think my personal view is that this application is not within the guidelines, but what is done is done. Okay. But that's why I'm saying that we have a rather broad appeal statute that any person feels aggrieved by this decision, and it is a decision we're making today, even though it's by operation of law. It can be appealed to the Planning Commission. All right, so we are done with the applications. Thank you, Bruce. Okay. I think our next item is the approval of the board calendar. If you would note that both the conceptual reviews, one was withdrawn, item one was withdrawn, and item two is going to, it's postponed until the meeting on December 13th, where you'll be seeing a full application. Right. Right. Let's have a motion. Do I need a motion on number two? Just note that for the record. Okay. The conceptual review with 128 South Ashland Avenue has been withdrawn relative to 291 South Ashland Avenue, which is a conceptual review to construct additions and construct second floor on garage. that's going to be considered at our next meeting on December 13th. Is that right? 13 or 14? Yes. We're meeting on Tuesday, aren't we? It's a Tuesday next week. That's right. Chair, can I also clarify? I didn't hear that there was a motion to adopt the... He's getting to that. I'm getting there. Thank you. My apologies. I was trying to get there, and I got interrupted. Okay, so do I have a motion to adopt the 2023 meeting schedule? So moved. Was there an error noted on the... That has been corrected. Okay. What we currently have in front of us reflects that correction. Okay. Do I have a second? Second. All right. I don't think we need to vote. It stands approved. Do we have any minutes to be reviewed? Not at this time. All right. Is there any other business pending before the board members? None that I know of. All right, so I believe we're ready for a motion to adjourn. So moved. All right, so we stand adjourned. Thank you so much. Thank you all. I'm out. Out of that road Got no love No love you Call real Got nobody Waiting at home Running with the devil