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HomeMy WebLinkAbout04-02-02 packetCity of Saratoga HERITAGE PRESERVATION COMMISSION MINUTES Date: Tuesday, April 2, 2002 9:00 a.m. Place: Warner Hutton House, 13777 Fruitvale Avenue Type: Regular Meeting I. Routine Organization A. Roll Call: PRESENT - Ballingall, Grens, Koepernik, Peck ABSENT -NONE GUESTS - Danielle Surdin, Winfred Simpson, Darrell Boyle B. Approval of minutes from 3/12/02- Approved 4 -0 C. Posting of the Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday March 28, 2002 D. Oral Communications: Dora Grens was elected Vice Chair of the Heritage Preservation Commission. E. Written Communications: None II. Old Business A. Update on the Orchard adopt a tree kiosk -Norm Koepernik gave an update on the kiosk. He is currently working on the cost estimates for the structure. B. Heritage Tours - Continue discussion -HPC will review the last brochure and start working on the home selection. C. Create calendar of old historic photos -In progress D. Austin Way- Heritage Lane designation -In progress III. New Business Restoration of the Historic Adobe wall at 15231 Quito Road: Applicant made presentation. The HPC approved the wall restoration 4 -0 with the condition that the Planning Commission and City Council approve the Variance and Lot Line Adjustment. IV. Items Initiated by the Commission Review Heritage Preservation Ordinance - Discussed direction of future ordinance. The HPC expressed the desire to review all projects in the village area in order to preserve the existing historic buildings and maintain the Historic look of the village area. V. Items Initiated by the Secretary July and August meetings will need to be in the Planning Department's meeting room due to Kids Camp in the Warner Hutton House. VI. Adjournment 9:00 a.m. Tuesday May 14, 2002 - Warner Hutton House 4i 1 i City of Saratoga HERITAGE PRESERVATION COMMISSION AGENDA Date: Tuesday, April 2, 2002 9:00 a.m. Place: Warner Hutton House, 13777 Fruitvale Avenue Type: Regular Meeting I. Routine Organization A. Roll Call B. Approval of minutes from 3/12/02 C. Posting of the Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday March 28, 2002 D. Oral Communications E. Written Communications II. Old Business A. Update on the Orchard adopt a tree kiosk B. Heritage Tours — Continue discussion C. Create calendar of old historic photos D. Austin Way- Heritage Lane designation III. New Business Restoration of the Historic Adobe wall at 15231 Quito Road IV. Items Initiated by the Commission Review Heritage Preservation Ordinance V. Items Initiated by the Secretary July and August meetings will need to be in the Planning Department's meeting room due to Kids Camp in the Warner Hutton House. VI. Adjournment Tentatively 9:00 a.m. Tuesday May 14, 2002 — Warner Hutton House City of Saratoga HERITAGE PRESERVATION COMMISSION MINUTES Date: Tuesday, March 12, 2002 9:00 a.m. Place: Warner Hutton House, 13777 Fruitvale Avenue Type: Regular Meeting I. Routine Organization A. Roll Call: PRESENT - Ballingall, Grens, King, Koepernik, Peck, Wyman ABSENT - Peepari GUESTS -Paul Conrado, Jill Hunter, Paula Whetstone, Fran Krezek, Danielle Surdin B. Approval of minutes from 2/12/02- Approved 6 -0 C. Posting of the Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday March 7, 2002 D. Oral Communications- Commissioners that attended the training class on surveys of historic homes gave a short presentation on what they learned. E. Written Communications -None II. Old Business A. Signage and location for the Orchard adopt a tree kiosk -The commission voted 6 -0 in favor of the disk design. The Chair of the HPC will meet with the Library Commission to decide on the location of the tree kiosk. B. Heritage Tours —Continue discussion C. 'Create calendar of old historic photos -Dora Grens is continuing to work on the calendar with Danielle Surdin. D. Austin Way- Heritage Lane designation -The project is still pending. III. New Business None IV. Items Initiated by the Commission Review Heritage Preservation Ordinance V. Items Initiated by the Secretary April meeting schedule change to Tuesday April 2, 2002 -The schedule change was discussed and approved for the next meeting. VI. Adjournment Tentatively 9:00 a.m. Tuesday April 2, 2002 — Warner Hutton House City of Saratoga Community Development Department HERITAGE PRESERVATION COMMISSION STAFF REPORT PLANNER: John F. Livingstone, Associate Planner DATE: April 2, 2002 PROJECT: Historic Adobe Wall Restoration at 15231 Quito Road APPLICANT: Darrell Boyle, Property Owner SUMMARY The applicant is proposing to restore the existing adobe wall located at 15231 Quito Road. The wall is in poor condition in several areas and needs to be restored. The owner is also proposing to correct a previous repair job to the wall that was done improperly and is causing the wall to fail. The applicant will reuse most of the existing adobe bricks. The process has been outlined in the enclosed letter from the applicant. As part of the restoration project the applicant is proposing to relocate the wall and adjust the property line. This will require a Lot Line Adjustment and Variance. If the restoration project is approved by the HPC, staff is recommending as a condition of approval that the wall can not be relocated until the variance and lot line adjustment have been approved by the Planning Commission and all associated documents recorded. A map showing the precise location of the improvements will be provided at the HPC meeting ATTACHMENTS Applicant's Letter March 26, 2002 TO: City of Saratoga Planning Department, Heritage Preservation Commission, Planning Commission and interested parties. FROM: Darrell and Lauren Boyle, and Jan and Jeanette Hinshaw SUBJECT: Boyle (lot A) and Hinshaw (lot B) properties. Subdivision SD -87 -020. Lot A: City Historic Landmark,'Casa Tierra. 15231 Quito Road Lot B: 15227 Quito Road Dear Sir or Madame: After much work over several years, the City approved a plan eight years ago that clarified and simplified several very difficult issues that had arisen between lots A and C of subdivision SD- 87 -020. Since that time the Hinshaws have become the owners of lot B. The Boyles and Hinshaws are now proposing to resolve similar issues between their lots following the precedent established in 1993. This recommends approval of the following: • Lot line adjustment between Boyle and Hinshaw properties • Variance for housing set back may be required • Removal of lot B from Historical Wall Maintenance agreement, since it will no longer be necessary. • Modify the scenic easement wording (if not already done) to incorporate the changes made for lot C in 1993 and to accommodate the new line and its relation to the home on lot B. ° BACKGROUND Casa Tierra was built in 1941 by Maude Meagher and Carolyn Smiley as their residence and the headquarters of WORLD YOUTH MAGAZINE, a monthly publication targeted at promoting peace among young people throughout the world. Meagher and Smiley actually made the adobe bricks on the property and did most of the construction with their own hands, which they documented in the book they published entitled: HOW WE BUILT OUR ADOBE HOME. In the mid -1950s Maurice and Skipper Tripp purchased Casa Tierra, where they lived for twenty -seven years, raising seven children within its walls. In the early 1980s, the Tripps gave up ownership of the property after defaulting on a business loan. Over the next five years, the two different finance companies that acquired the loan tried unsuccessfully to tear down Casa Tierra and subdivide the 4 -acres surrounding the adobe into four 1 -acre lots. The problem was that Casa Tierra was too large to meet square footage restrictions on lot size. The solution for these finance companies was to level the house and sell the lots to builders. Clear thinking City of Saratoga officials would not approve these actions and over five years the home was largely abandoned falling into disrepair. In 1987, speculator Peter Olson acquired the property, and with the help of Gene Zambetti, developed plans to preserve and protect the home, the wall and the surroundings and to also March 26, 2002 create three new parcels. Working with the City and the Heritage Preservation Commission, the subdivision was created on 7/27/88, along with variances, a scenic easement, a wall maintenance agreement, and building envelops for homes on B and C. Also, Casa Tierra was designated an Historic - property to further assure its safe future. Considerable time and energy went into protecting this Saratoga landmark. "The general setting of the home, the vegetation around the structure and the existing adobe wall on the property are all part of the historical characteristics of the home. " Requirements of the subdivision called for the adobe wall to reside in the newly created scenic easement, which ran 30' on the north border and 25' on the west side of Casa Tierra. The wall was to meander between trees and landscaping and- follow the contours of the gently sloping land, using the same design created by the women who built the house and the wall. Fortunately, much of the wall did not have to be moved, and the portion that was relocated was moved often only a few feet and positioned in a way to preserve the walkways used to explore the different gardens around the property. Unfortunately, Olson incorrectly moved a portion of the wall outside of the proscribed easement on lot C and rebuilt the wall with no footer and or mortar in the joints. Olson assured the Boyles he used mortar and covered it with mud to make it look more "Mexican." The Boyles purchased Casa Tierra in June of 1989. Sinsley Construction Company purchased lots B and C earlier in 1989. In October 1989 the Loma Prieta earthquake shook the area and much of the wall Olson had moved tumbled. The Boyles rebuilt the wall in its same location, not realizing that a portion of the wall in lot C was incorrectly placed outside of the easement. The Boyles rebuilt the wall using a reinforced footer and mortared joints, as had been done by Meagher and Smiley in the 1940s. In early spring 1991 while he was constructing a home on lot C, Sinsley notified Boyle that a portion of the wall was in the wrong place. Using surveys, Boyle and Sinsley found that a portion of the wall was indeed out of the easement. After months of discussion and several hand shake agreements, Sinsley decided he could not live with the subdivision restrictions, and he demanded the right to move the wall to the property line a few .feet from one corner of Casa Tierra. After two meetings of the Heritage Preservation Commission (HPC) resulting in a specific plan, on -site visits by Staff and several of the Commission members, Sinsley agreed a plan that moved the wall back into the easement and closer to Casa Tierra but not to the property line. The plan would result in recording the exact location of the wall after it had been moved (survey dated 10/31/91). In May 1992, Mr. Sinsley changed his mind again. He went before the Planning Commission to complain about the subdivision restrictions and the location of the wall, and, when asked by the Commission what specifically he wanted, Sinsley asked the Commission to "present me a document that specifies where the wall has to be." Commissioner Caldwell stated "a decision has been made and you have the direction you need (indicating the HPC decision)." Further, the Commission requested that words be added to the agreement to specify that the wall be constructed in the same manner as the original construction, using mortar not mud. Mr. Sinsley was not satisfied and again asked the HPC to review his recommendation. Based upon HP Commissioner (and architect) Peter Sabin's onsite inspection and his design 2 N. March 26, 2002 experience, the HPC proposed a compromise wall location and asked the parties to either agree to it or reach their own acceptable solution. Sinsley was not interested in a compromise so the issue was brought back before the HPC on October 14, 1992 at which time the HPC approved the "blue line" location of the wall, which was proposed earlier. Mr. Sinsley subsequently rejected the above work. He wanted the wall moved to the property line and to have the other restrictions on lot C removed. He brought the matter to the Planning Commission and subsequently to the City Counsel. His requests were denied. Following these actions, Sinsley and Boyle agreed upon a plan-that received the endorsement of the HPC and Staff. The plan was submitted to and approved by the Planning Commission in September 1993. The following outlines the key decisions of the agreement: ■ Lot line adjustment (LL -93 -004). "The new lot line will serve as the location of the historic adobe wall that is adjacent to the Designated City Historic Landmark, Casa Tierra." Variance (V -93 -014) to accommodate the reduced size of lot C which was now below the minimum lot size of the R -1- 40,000 zoning district, at .8269 acres. Modification of Subdivision Condition, (SD -87- 020.1). This defined that the ownership and maintenance of the historic adobe wall were attached to Casa Tierra (as before) and that the location of the wall was inside the property line (new condition). Further, it allowed that the open space easement be modified to allow security fencing in the easement to be no taller than the directly adjacent adobe wall. It also removed all reference to lot C on the Historic Wall Maintenance Agreement, since no part of the wall would be located in lot C. Subsequently, the revised parcel descriptions were recorded, and the portion of the wall that needed to be moved was reconstructed inside the property line. And, we have lived happily ever after, with no confusion between the Boyles and Redfords, the current owners of lot C. RECOMMENDATION Recommendations by the Boyles and Hinshaws on page one accomplish the following: Move the property line to a location roughly equal distance between the two homes, as was done in 1993. The resulting change in square footage does not require a variance, as was the case with the above action on lot C. Following the change, lot B will be 44,450 square feet (1.02 acres). This change is positive for Casa Tierra since the current property line is a ridiculous 3' from the corner of the building. Move the required section of the wall inside the new property line, as accomplished in 1993. Currently, the wall is owned by lot A, yet is in lot B. Lot A has to maintain the wall, and can only enter lot B for that purpose. Lot B includes land on the other side of a wall that the owners cannot access or use. This is not just a nuisance; there are also liability issues. Plus lot B owners pay property tax on land not available to them. Questions have been raised about the legality of this arrangement. March 26, 2002 Rebuild the wall in the manner of its original construction, with the goal of making the wall appear it was always in the new location. Currently approximately two - thirds of the wall relating to this recommendation has either fallen over completely, has partially collapsed or was constructed incorrectly and will certainly collapse at some future point. This entire portion of the wall was moved and rebuilt by Olson to satisfy the 1988 subdivision requirements. Olson's construction methods were inadequate to assure the long life of the wall since he did not use mortar, did not install a footer, and used too few posts to keep sheer forces from pushing the wall over. We will restore the wall using the existing adobe bricks. We can even salvage '/Z and slightly smaller bricks and maintain the integrity of the structure. Since Olson did not use mortar when he rebuilt the wall, a high percentage of these bricks can be reused. As with the section of the wall moved in 1993, we will purchase the needed number of fired adobe bricks to complete the wall and disperse them randomly throughout the new wall so it will be difficulty to tell any new materials were used. Also, we will put a reinforced concrete footer under the wall and place posts no farther than 17' apart, as was done originally by Meagher and Smiley. ■ Take lot B off the Historic Wall Maintenance agreement. As with the lot C resolution, there is no longer any need for this. Grant a set back variance for lot B. Changing the property line and moving the wall provides a real benefit for the owners of lot B. They will achieve the use of their own land that they cannot now access, and the result is more esthetically pleasing. Technically, they will have lost some ground, and since the new property line is closer to their building, the City may require a variance. The set back variance already approved for lot A may no longer be needed. Essentially this shifts the variance from one lot to the other. The new line will connect to the previously adjusted line with lot C. If the change to the scenic easement in 1993 did not already apply also to lot B, that agreement needs to be modified to allow security fencing in the easement to be no taller than the directly adjacent adobe wall. Also, the description of the easement may need to be changed to reflect that the property line will be closer to the home on lot B. In other words, the easement width may need to be reduced. WHY APPROVE? Approving these recommendations accomplishes many important things, including: ■ This follows the successful precedent established in the 1993 changes. ■ Preservation of Historic Landmark Casa Tierra is strengthened. This is a better solution to the problems the City and owners were trying to resolve. As with the previous agreement with lot C, it is anticipated the HPC will enthusiastically support these changes. ■ Property owner responsibilities are normalized. ■ Property owner liabilities are clarified. 4 March 26, 2002 ■ This results in a much cleaner situation that will eliminate uncertainties for future owners of the properties. ■ The potential for future neighbor disputes is eliminated, at least as they relate to these issues. ■ This should eliminate potential future demands on Staff, Planning Commission and City Counsel time and legal expense for the City. While the results of the actions in 1988 have achieved their goals, the costs to the City and property owners have been high. This action should enable all parties to sleep easier. ■ As with lot C, the owners of lot B will achieve use of their property, and they will no longer pay property tax on land they cannot access. ■ Neighbors on any of the adjacent lots are not affected. Since lot B is a flag lot, this change is not visible from Quito Road. ■ The changes are aesthetically pleasing. The wall will not come too close to Casa Tierra and it will move away from the home on lot B eliminating a pinched, unnatural situation. ■ Olson already rebuilt the entire portion of the wall that would need to be moved. These were rebuilt without a foundation, with mud instead of mortar, and with very large spans between posts. - Two of these spans have in fact fallen over in the past two years, and one has partially collapsed. Even the sections still standing are unstable. This action will allow us to rebuild the wall properly.