HomeMy WebLinkAbout11-13-2023November 13th, 2023 5:30 p.m.
Paducah City Hall Training Room
Attendees: Melinda Winchester, Amanda Johnson, Heather Coltharp, Chris Jones
Absent:
Staff: Nic Hutchison- Director of Planning, Palmer Stroup-Planner I
Guests: David & Sandra Guess-Applicant, Lowertown Neighborhood Residents/Public- Various, Daron Jordan – City Manager
Commissioner Winchester called the called meeting of the HARC to order at 5:30 pm.
APPROVAL OF MINUTES
Commissioner Winchester offered the following Motion:
I move that the reading of the minutes for October 9th, 2023 meeting be waived and that the minutes of said meeting, prepared by the secretary, be approved as written.
Commissioner Johnson provided a second.
The motion passed with 4 Ayes (Jones, Johnson, Coltharp, Winchester) 0 Nays
Continued Petition
Case #COA2023-0012
Applicant: David Guess Address: 908 Jefferson Street
Request for Certificate of Zoning Compliance
Planning Staff presented the staff report.
Commissioner Winchester discussed that too many windows were still visible from street view. The applicant David Guess expressed that many other buildings in the H-2 zone, specifically
the Ellis apartment building next door to 908 Jefferson currently use dozens of vinyl windows in a scheme similar to their own proposal.
The definition of visibility was heavily discussed with each commissioner’s interpretation of how it related to the property in question made.
Commissioner Johnson made the following motion
I move that this Commission Approve the Certificate of Appropriateness request of David and Sandra Guess for window replacement at 908 Jefferson Street.
I further move that the approval be based on the following findings of fact
The proposed vinyl windows will be not ordinarily visible from the main Jefferson Street Roadway
Wooden windows will be kept on the front street facing façade
There was not a Second and the motion failed.
Planning Director Nic Hutchison restated that as proposed the façade of 908 Jefferson will have its wooden windows remain, satisfying HARC’s requirements, and that the windows located
on the sides and rear of the property do not qualify as ordinarily visible from the roadway and thereby these areas should not be regulated by HARC.
Public Comment
At the closing of the Staff Report and discussion between the HARC, Planning Staff, and the applicant the floor was opened to public comment by Chairman Jones
Richard Glasscock- 722 Harrison Street
Stated he was denied recently by HARC the use of vinyl windows on his garage so 908 Jefferson must comply as well.
Allan Rhodes – 333 N. 7th Street
Other residents have complied with HARC rules before and that should apply in this case as well.
Michael Simpson – Ellis Apartments
Owner of the neighboring Ellis apartment building to 908 Jefferson. “At wits end” with the debate on vinyl windows. He has 70 vinyl windows on the Ellis building next to 908 Jefferson.
Wooden windows are too expensive and his vinyl windows have not been an issue before. Asks if he is now out of compliance and will need to have his windows changed to wood.
Stephanie Graves – 517 N. 8th Street
They built a house and followed the HARC guidelines. Some elements are not “perfect” per the HARC standards but all applicants still need to try to follow the rules as everyone else
does.
Patrick Perry – 501 N. 4th Street
Did not know what was on the agenda and attended to see the process in preparation for him applying to HARC in the future. Wanted to offer an outside opinion based on his knowledge
of window materials and energy efficiency. Stated that wooden windows can also have their own problems but that storm windows could provide an alternate solution to preserving them.
End of public Comment
At the close of public comment, the HARC resumed discussion of the case. While unwanting to approve the full amount of vinyl windows proposed by the applicant they determined some locations
of windows on the property are not ordinarily visible from the Jefferson Street roadway. From this HARC decided to amend the motion to include solely these windows they mutually deemed
appropriate.
During this discussion audience member Cary Winchester spoke out of public comment to address Mr. Stroup. He inquired as to how Mr. Stroup could serve and speak on this case due to the
applicant David Guess’s other role as a City Commissioner. Mr. Winchester stated that this was a conflict of interest due to Guess’s authority role over Mr. Stroup as a City employee.
He further asked why Mr. Stroup has not recused himself from this case when he had previously done so for an earlier HARC case when the applicant was his mother.
City Manager Darron Jordan addressed Mr. Winchester’s comment and stated that the Guess’s application to HARC is permitted and is not a conflict of interest to be heard. Planning Staff
has no voting or decision-making power all of which is on the members of the HARC.
Afterwards HARC resumed discussion on the visibility of windows on the property determining that windows located on the rear of the two bay windows/bump outs would be appropriate and
not ordinarily visible.
Commissioner Coltharp made the following motion:
I move that this Commission Approve the Certificate of Appropriateness request of David and Sandra Guess for window replacement at 908 Jefferson Street specifically for:
The use of vinyl windows located only on the rears of the two bump outs located on the sides of the property and for windows located on the very rear of property.
I further move that the approval be based on the following findings of fact
The proposed vinyl windows will be not ordinarily visible from the main Jefferson Street Roadway
All other wooden windows will be kept or maintained on the property
Commissioner Winchester Provided a second.
The motion passed with 4 ayes (Jones, Johnson, Coltharp, Winchester)
Adjournment
Commissioner Winchester made a motion to adjourn the meeting. Commissioner McCord provided a second.
The motion passed with 4 Ayes (Jones, Johnson, Coltharp, Winchester) 0 Nays
The meeting was adjourned at 6:27 PM
Respectfully submitted by Palmer Stroup