Minutes
OF THE REGULAR MEETING OF THE FORT PIERCE HISTORIC PRESERVATION BOARD HELD ON MONDAY, AUGUST 22, 2022, IN FORT PIERCE CITY HALL, COMMISSION CHAMBERS, 100 NORTH US HIGHWAY 1, FORT PIERCE, FLORIDA.
1.
CALL TO ORDER
2.
PLEDGE OF ALLEGIANCE
3.
ROLL CALL
- Present:
- Betty Jo Starke; Anthony Westbury; Minnie Spivey; Charlie Hayek, Chairman
- Absent:
- KeAndrea Davis; Andrea Anicito; Holly Theuns
- Staff Present:
-
- Kev Freeman, Planning Director
- Sara Hedges, Assistant City Attorney
- Maria Lewicka, Historic Preservation Planner
- Alicia Rosenthal, Planning and Development Organizer
4.
APPROVAL OF MINUTES
a.
Minutes from the July 25, 2022, meeting
Motion was made by Betty Jo Starke, and seconded by Anthony Westbury to approve the minutes from the July 25, 2022 meeting.
- AYE:
- Betty Jo Starke, Anthony Westbury, Minnie Spivey, Chairman Charlie Hayek
Passed
5.
PUBLIC HEARINGS
Prior to the public hearings, Mr. Freeman explained to the Board and the applicants that the majority vote of the entire Board, which is four (4) members, is needed to approve or deny the application.
Prior to the public hearings, Mr. Freeman explained to the Board and the applicants that the majority vote of the entire Board, which is four (4) members, is needed to approve or deny the application.
a.
Certificate of Appropriateness 22-37 - PV Solar System - 517 S. 8th Street
The clerk introduced Certificate of Appropriateness 22-37 for the installation of a PV Solar System located at 517 S. 8th Street.
Chairman Hayek asked the Assistant City Attorney to explain the Quasi-Judicial Hearing procedures.
Before commencing this Quasi-Judicial Hearing, the Assistant City Attorney, reminded the Board that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the Board engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the Board applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal Board meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and decisions must be made based on competent substantial evidence. Therefore, Board members have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the Commission has established the uniform procedures for quasi-judicial hearings that will be followed today.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Starke - no
Ms. Westbury - no
Ms. Spivey - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application. The one story, wood frame house was built circa 1925 and is located within the Oakland Park Historic District. The applicant is requesting Certificate of Appropriateness approval for the installation of a PV Solar System/Solar Panels on the top of the roof. Whether solar technology can be used successfully to benefit a historic building without adversely compromising its character or that of the site or surrounding historic district, requires weighing advantages of the green energy provided with strict adherence to historic preservation guidelines. Solar panel installations should not become prominent new elements that detract from the character-defining features of a building. In order to accomplish such a sensitive alteration, new features should be both compatible with the historic property and reversible. Rooftop solar installation and solar panels on historic buildings should not be visible from the public right of way such as nearby streets, sidewalks or other public spaces.
Board questions for Staff: Mr. Hayek asked the location of the front door in relation to the solar panels.
Applicant Presentation: Harold Garrido, Applicant Representative from Urban Solar, sworn, stated a rail skirt is put around the solar panels to hide the mounting and create a low profile. Mr. Garrido said Florida State Statute 160.04 prohibits anybody from letting homeowners go solar, but the Board can recommend where the solar panels are placed, as long as it does not interfere with production.
Board questions for Applicant: Ms. Starke asked how far down the solar panels are installed into the roof and about the trickle-down effect of the rain.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: Mr. Westbury stated the color of the existing roof is different from the color of the solar panels, but it is not significant enough to deny the application.
The clerk introduced Certificate of Appropriateness 22-37 for the installation of a PV Solar System located at 517 S. 8th Street.
Chairman Hayek asked the Assistant City Attorney to explain the Quasi-Judicial Hearing procedures.
Before commencing this Quasi-Judicial Hearing, the Assistant City Attorney, reminded the Board that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the Board engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the Board applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal Board meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and decisions must be made based on competent substantial evidence. Therefore, Board members have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the Commission has established the uniform procedures for quasi-judicial hearings that will be followed today.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Starke - no
Ms. Westbury - no
Ms. Spivey - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application. The one story, wood frame house was built circa 1925 and is located within the Oakland Park Historic District. The applicant is requesting Certificate of Appropriateness approval for the installation of a PV Solar System/Solar Panels on the top of the roof. Whether solar technology can be used successfully to benefit a historic building without adversely compromising its character or that of the site or surrounding historic district, requires weighing advantages of the green energy provided with strict adherence to historic preservation guidelines. Solar panel installations should not become prominent new elements that detract from the character-defining features of a building. In order to accomplish such a sensitive alteration, new features should be both compatible with the historic property and reversible. Rooftop solar installation and solar panels on historic buildings should not be visible from the public right of way such as nearby streets, sidewalks or other public spaces.
Board questions for Staff: Mr. Hayek asked the location of the front door in relation to the solar panels.
Applicant Presentation: Harold Garrido, Applicant Representative from Urban Solar, sworn, stated a rail skirt is put around the solar panels to hide the mounting and create a low profile. Mr. Garrido said Florida State Statute 160.04 prohibits anybody from letting homeowners go solar, but the Board can recommend where the solar panels are placed, as long as it does not interfere with production.
Board questions for Applicant: Ms. Starke asked how far down the solar panels are installed into the roof and about the trickle-down effect of the rain.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: Mr. Westbury stated the color of the existing roof is different from the color of the solar panels, but it is not significant enough to deny the application.
Motion was made by Betty Jo Starke, and seconded by Anthony Westbury to approve Certificate of Appropriateness 22-37 as presented, for the installation of a PV Solar System at 517 S. 8th Street.
- AYE:
- Betty Jo Starke, Anthony Westbury, Minnie Spivey, Chairman Charlie Hayek
Passed
b.
Certificate of Appropriateness 22-39 - Awning - 100 S. 2nd Street
The clerk introduced Certificate of Appropriateness 22-39 for the installation of a new awning located at 100 S. 2nd Street.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Westbury - no
Ms. Spivey - no
Ms. Starke - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application and showed the history of the building noting that in 2019 a new awning was approved for the steak house restaurant in the same building. The applicant is asking for consideration of approval of a new awning over the new business door and window. Ms. Lewicka explained that design review is most important and states '"where a single building has several storefronts and tenants, or within a single center, they should all have a consistent design, scale, color scheme, and fabric throughout. Ms. Lewicka said the awning is appropriately designed and scaled and intended to attract residents and visitors alike and will contribute to the vitality, redevelopment and preservation of the Downtown Historic District. She highlighted that the awning is decorative but the proposed colors and shape lack consistency with the existing building’s other awnings but composes well with existing color pallet, design, style and materials of other awnings in the downtown district.
Board questions for Staff: Mr. Westbury asked if a Certificate of Appropriateness application was received for the sail shades on the building. Chairman Hayek asked the type of business where the awning is proposed.
Applicant Presentation: Stacy Annone, Owner, sworn, showed the Board pictures and alternative color samples of awnings for the sheik, women's apparel boutique. Ms. Annone stated she prefers hot pink and white because it matches her logo and will provide visibility.
Board questions for Applicant: Mr. Westbury asked if the awning is 9 feet above the sidewalk.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: Chairman Hayek suggested the salmon color would blend better with the building color. Ms. Spivey said the pink color catches the eye. Mr. Westbury stated the building is a collection of small businesses and everybody wants to do their own thing, and the Board tends to like things that are uniform in buildings. Ms. Starke noted if the owners wanted the building to be conformed they would have created a conformity for each business.
The clerk introduced Certificate of Appropriateness 22-39 for the installation of a new awning located at 100 S. 2nd Street.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Westbury - no
Ms. Spivey - no
Ms. Starke - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application and showed the history of the building noting that in 2019 a new awning was approved for the steak house restaurant in the same building. The applicant is asking for consideration of approval of a new awning over the new business door and window. Ms. Lewicka explained that design review is most important and states '"where a single building has several storefronts and tenants, or within a single center, they should all have a consistent design, scale, color scheme, and fabric throughout. Ms. Lewicka said the awning is appropriately designed and scaled and intended to attract residents and visitors alike and will contribute to the vitality, redevelopment and preservation of the Downtown Historic District. She highlighted that the awning is decorative but the proposed colors and shape lack consistency with the existing building’s other awnings but composes well with existing color pallet, design, style and materials of other awnings in the downtown district.
Board questions for Staff: Mr. Westbury asked if a Certificate of Appropriateness application was received for the sail shades on the building. Chairman Hayek asked the type of business where the awning is proposed.
Applicant Presentation: Stacy Annone, Owner, sworn, showed the Board pictures and alternative color samples of awnings for the sheik, women's apparel boutique. Ms. Annone stated she prefers hot pink and white because it matches her logo and will provide visibility.
Board questions for Applicant: Mr. Westbury asked if the awning is 9 feet above the sidewalk.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: Chairman Hayek suggested the salmon color would blend better with the building color. Ms. Spivey said the pink color catches the eye. Mr. Westbury stated the building is a collection of small businesses and everybody wants to do their own thing, and the Board tends to like things that are uniform in buildings. Ms. Starke noted if the owners wanted the building to be conformed they would have created a conformity for each business.
Motion was made by Anthony Westbury, and seconded by Betty Jo Starke to approve Certificate of Appropriateness 22-39 as presented, for the installation of a new awning at 100 S. 2nd Street.
- AYE:
- Anthony Westbury, Minnie Spivey, Betty Jo Starke, Chairman Charlie Hayek
Passed
c.
Certificate of Appropriateness 22-40 - Doors - 609 S. 9th Street
The clerk introduced Certificate of Appropriateness 22-40 for the installation of a new door located at 609 S. 2nd Street.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Spivey - no
Ms. Starke - no
Ms. Westbury - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application. The subject one-story Masonry Vernacular style concrete block residence is a noncontributing structure in the Oakland Park Historic District. The St. Lucie County Property Appraiser’s Property Record Card and the Florida Master Site File indicates 1952 as a construction date. The applicant is requesting approval of a Certificate of Appropriateness for the removal and replacement of the existing entry door with a wider door requiring the change of the door opening and removal and replacement of the glass sliding door with French doors in the same size opening. The Oakland Park Historic District consists of single family homes with various architectural styles and diversity of materials and colors. The proposed door design will compose well with the existing building and enhance the property’s overall appearance.
Board questions for Staff: None
Applicant Presentation: Nicholas Nobly, Applicant Representative, sworn, explained the existing front door opening is being widened and replaced with a prehung front door with a sidelite and the rear sliding patio glass door is being replaced with a French double door.
Board questions for Applicant: Mr. Westbury asked if the door is steel. Chairman Hayek asked if the door is impact rated.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: None
The clerk introduced Certificate of Appropriateness 22-40 for the installation of a new door located at 609 S. 2nd Street.
Chairman Hayek called the proceeding to order.
The clerk confirmed the City complied with advertisement and notice requirements.
Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:
Ms. Spivey - no
Ms. Starke - no
Ms. Westbury - no
Chairman Hayek - no
Chairman Hayek opened the public hearing.
The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth.
Staff Presentation:
Maria Lewicka, Historic Preservation Planner, provided an overview of the application. The subject one-story Masonry Vernacular style concrete block residence is a noncontributing structure in the Oakland Park Historic District. The St. Lucie County Property Appraiser’s Property Record Card and the Florida Master Site File indicates 1952 as a construction date. The applicant is requesting approval of a Certificate of Appropriateness for the removal and replacement of the existing entry door with a wider door requiring the change of the door opening and removal and replacement of the glass sliding door with French doors in the same size opening. The Oakland Park Historic District consists of single family homes with various architectural styles and diversity of materials and colors. The proposed door design will compose well with the existing building and enhance the property’s overall appearance.
Board questions for Staff: None
Applicant Presentation: Nicholas Nobly, Applicant Representative, sworn, explained the existing front door opening is being widened and replaced with a prehung front door with a sidelite and the rear sliding patio glass door is being replaced with a French double door.
Board questions for Applicant: Mr. Westbury asked if the door is steel. Chairman Hayek asked if the door is impact rated.
Public comment: None
Staff final comments: None
Chairman Hayek, seeing no one else, closed the public hearing.
Comments by the Board: None
Motion was made by Betty Jo Starke, and seconded by Anthony Westbury to approve Certificate of Appropriateness 22-40 as presented, for removal and replacement of the existing entry door with a wider door requiring change of the door opening and removal and replacement of the glass sliding door with French doors in the same size opening at 609 S. 9th Street.
- AYE:
- Minnie Spivey, Betty Jo Starke, Anthony Westbury, Chairman Charlie Hayek
Passed
6.
NEW BUSINESS
a.
Administratively Approved Certificates of Appropriateness - July 2022
7.
COMMENTS FROM THE PUBLIC
Pauline Lisenfelt asked if there is anything the Oakland Park Historic District homeowners can do to make going through the Historic process better. The Board members suggested that the neighborhood polices itself by contacting the Building and Code Enforcement departments if work is being done without a permit. Ms. Lewicka informed Ms. Lisenfelt of the historic maps and Certificate of Appropriateness approval matrix located on the City of Fort Pierce website.
Ms. Lewicka stated at the last Historic Preservation Board meeting the Board addressed concerns with 209 Avenue D. Ms. Lewicka stated she received a Code Enforcement condemnation case for the address and that should take care of the problems and complaints. She stated the demolition of the property will need to come before the Historic Preservation Board for approval.
Pauline Lisenfelt asked if there is anything the Oakland Park Historic District homeowners can do to make going through the Historic process better. The Board members suggested that the neighborhood polices itself by contacting the Building and Code Enforcement departments if work is being done without a permit. Ms. Lewicka informed Ms. Lisenfelt of the historic maps and Certificate of Appropriateness approval matrix located on the City of Fort Pierce website.
Ms. Lewicka stated at the last Historic Preservation Board meeting the Board addressed concerns with 209 Avenue D. Ms. Lewicka stated she received a Code Enforcement condemnation case for the address and that should take care of the problems and complaints. She stated the demolition of the property will need to come before the Historic Preservation Board for approval.
8.
CONSIDERATION OF ABSENCES
Motion was made by Anthony Westbury, and seconded by Minnie Spivey to excuse Ms. Davis, Ms. Anicito and Ms. Theuns.
- AYE:
- Anthony Westbury, Minnie Spivey, Betty Jo Starke, Chairman Charlie Hayek
Passed
9.
ADJOURNMENT