Monday, July 17, 2006

City Council Overturns HRB's Decision: E. M. White House No. 4 "Quiet Cove" REMOVED from Historic Inventory

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Resource Name: E. M. White House No. 4 "Quiet Cove"
Location: W/s San Antonio bet. Ocean & 4th Avenues, No. 4 of "Sand & Sea."


The following appeal is the fourth appeal to the City Council regarding an appellant’s appeal of a Historic Resources Board’s decision to deny removal of an appellant’s resource from the City’s Inventory of Historic Resources.

Selected excerpts from City documents follow:


CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
July 11, 2006

PUBLIC HEARINGS

Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the west side of San Antonio between Ocean & 4th Avenues from the City’s Inventory of Historic Resources. The appellant and property owner is Alfred Johnson.

Council Member ROSE moved to grant the appeal of the Historic Resources Board’s decision and to remove the property located on the west side of San Antonio, between Ocean & 4th Avenues from the City’s inventory of historic resources, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, HAZDOVAC, ROSE & McCLOUD
NOES: CUNNINGHAM



Regular Meeting
Tuesday, July 11, 2006
4:30 p.m., Open Session

Public Hearings


Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the west side of San Antonio between Ocean & 4th Avenues from the City’s Inventory of Historic Resources. The appellant and property owner is Alfred Johnson.

Resource Name: E.M. White House No. 4 “Quiet Cove”


City Council
Agenda Item Summary
Meeting Date: 11 July 2006
Prepared by: Sean Conroy, Associate Planner



Name: Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located in the Single Family Residential (R-1) and Beach and Riparian Overlay (BR) Districts from the City’s Inventory of Historic Resources. The appellant and property owner is Alfred Johnson. (W/s San Antonio bet. Ocean & 4th)

Description: The appellant seeks removal of his property from the City’s list of Historic Resources. Approval of the appeal would overturn a decision of the Historic Resources Board and result in removing the property from the list.

Staff Recommendation: Deny the appeal.

Important Considerations: The appellant’s property is listed on the City’s Inventory of Historic Resources that was adopted as part of the Local Coastal Program in 2004. The subject residence and detached garage were built in 1941 in an early Modernist style, as part of a four-property development designed by Jon Konigshofer.

CMC 17.32.070 states that a property identified as an historic resource on the Carmel Inventory shall be presumed historically significant and shall not be removed from the City's Inventory unless substantial evidence demonstrates that it is not an historic resource.

Decisions on whether this resource should remain on the Historic Resources Inventory are compromised by the lack of coverage for post-1940 properties in the Historic Constext Statement. In such situations, it is appropriate to be cautious when removing a property from the Inventory. Upon completion of an updated Context Statement it may be evident that the property was historic and its removal resulted in damage to, or loss of, the resource. This result would be contrary to the intent of the California Environmental Quality Act.

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 27 February 2006. The applicant filed an appeal with the City Clerk on 7 March 2006.


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
FROM: SEAN CONROY, ASSOCIATE PLANNER
DATE: 11 JULY 2006
SUBJECT: CONSIDERATION OF AN APPEAL OF THE HISTORIC RESOURCES BOARD’S DECISION TO DENY A REQUEST TO REMOVE A PROPERTY FROM THE CITY’S INVENTORY OF HISTORIC RESOURCES LOCATED IN THE SINGLE FAMILY RESIDENTIAL (R-1) AND BEACH AND RIPARIAN OVERLAY (BR) DISTRICTS.


RECOMMENDED MOTION
Deny the appeal.


Basis for Appeals: The appellants are requesting that the subject structures and District be removed from the City’s Inventory of Historic Resources for the following reasons:

1. Jon Konigshofer does not qualify as a designer of historical significance.

2. The Modernist Style is not described in the Context Statement.

3. The district is not associated with anyone of historical significance.

4. The period of significance listed in the DPR is inaccurate.

5. The residence has lost its integrity due to additions and alterations.



HRB’s Review: In summary, the Board’s decision to deny the appeal was based on the following points:

• A 'fair argument' has been made in the DPR 523 form that Jon Konigshofer is an important builder and that the residence is architecturally significant.

• General Plan Policy P1-85 states that exclusion from Context Statement doesn't preclude a finding of significance.

• The changes that have occurred to the property were approved by the City and determined to be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

• The residence is an important contributor to a historic district.
Staff concurs with the Board’s findings.



HRB Minutes for 2/27/06

Alfred Johnson
W/s San Antonio bet. Ocean & 4th

Consideration of an appeal of the City’s determination to place an existing residence on the City’s Inventory of Historic Resources located in the Single Family Residential (R-1) and Beach and Riparian Overlay (BR)Districts.

Sean Conroy, Associate Planner presented the staff report.

Board member Coss deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: COSS, HOLZ, LAGERHOLM, WENDT
NOES: NONE
ABSENT: DYAR

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