FEBRUARY 27, 2012
LANDMARKS AND HISTORIC DISTRICT COMMISSION
MINUTES
The Landmark and Historic District Commission (LHDC) of the City of Florissant met at the Florissant City Hall on Monday February 27, 2012 in the second floor cafeteria room at 6:30 p.m., with Kent Miller presiding.
INTRODUCTION AND WELCOME
ROLL CALL
On roll call the following members were present: Howard Nimmons, Gary Meyer, Kent Miller, Edward Keil, Curtis Gunn (at 6:35) & Terri O’Neal. Also in attendance were Cynthia Treiber, Recording Clerk and Philip Lum, Building Commissioner of Florissant. A quorum being present, the Chair declared the Landmark and Historic District Commission (LHDC) was in session for the transaction of business.
APPROVAL OF 1/23/2012 MINUTES
Kent Miller asked if there were any additions, changes or corrections to the minutes. Being none, Howard Nimmons made a motion to accept the minutes as submitted. Seconded by Terri O’Neal, all members concurred. Minutes approved as submitted.
OLD BUSINESS
Kent Miller asked if item number three, the Pet Cemetery was withdrawn? Phil Lum stated no, that he had information and a handout regarding this item. Kent Miller asked if the Commission would object to discuss item three first. All members concurred.
Item 3 Request from the owner of the Pet Cemetery located at 115 N. Highway 67 - withdrawn.
Phil Lum stated that he may have jumped the gun on that issue and it has not officially been submitted or withdrawn. Mr. Lum stated that he had completed a letter to the Friends of Imperial Pet Cemetery with background information regarding the property and options. Mr. Lum passed out a copy of the letter to the Commission Members. Mr. Lum went over the letter with the members explaining that the Pet Cemetery is currently is in a R-4 Zoning district and when the Zoning codes changed sometime in 2006 cemeteries were no longer a permitted use in a R-4 Zoning District and you could not get a Special Use Permit in any residential zone. Therefore, since the cemetery was in operation prior to the change of the codes, it became a legal non conforming use.
Phil stated that under the City code a non conforming use could continue to operate as long as there were no alterations or expansions. Phil stated that the owners have a contract to purchase the property adjacent to them on the south, #7 N. Highway 67 and the purchase would be an expansion of the existing bussiness. Mr. Lum stated that the owners submitted an application to re-zone #7 N. Highway 67, however the letter informs them that they can not just re-zone one property, # 7 without making their existing business at #115 illegal.
Kent Miller asked why they could not re-zone #7 and indicate it as a separate business. Phil Lum, stated that yes they could and in the letter there were three options outlined in which that process was outlined in option two. Phil Lum continued to go thru the options listed on the letter. Phil Lum stated that one of the partners from the pet cemetery called him today to clarify the options and the screening requirements. However they have a contract on #7. N. Highway 67 with the conditions of being re-zoned and a Special Use Permit issued for a Pet Cemetery. Mr. Lum stated that they may have to re-negotiate a contract for the purchase. Phil stated that they are still in decision mode as to what they want to do, however, we have asked them if they could advise the Public Works office what option they wanted to continue with by March 15, 2012.
Kent Miller asked if there were any further questions with this item. Being none, Kent Miller asked if the Commission would want to continue and move on to item #1 on the agenda. All members concurred.
Item 1 Review powers and duties of LHDC and review ordinances that changed LHDC to a form of certified local government.
Kent Miller asked if there were any notations that Gretchen may have sent to the Commission? Phil stated that he had an e-mail that he had sent to Gretchen and passed out a copy of the memo to the Members. Phil stated that there was some concern at what point and time did the Commission lose the teeth in the ordinance that allowed them to enforce the guidelines in the Historic District. Phil Lum stated he was not sure if there was an ordinance that abolished the Old Town Commission, however when the City became a Certified Local Government that Commission was abolished and LHDC became the remaining Commission. Phil stated that he did talk with the City Attorney and it was his understanding that under the Old Town Commission they had the power to enforce the guidelines as law. Phil stated that when that Commission went away the code book now reads that the LHDC Commission only has authority over Landmark re-designated properties.
Kent Miller stated that it was his understanding under the Commission before that the existing Commission did not have the teeth of the ordinances at that time and only was an advisory Committee to the Planning and Zoning Commission. Phil stated that there were certain powers that this Commission had such as, approval of fences and signage. Phil Lum stated that if the Building Commissioner denied a permit the petitioner could appear before the LHDC Commission and get approval of a variance without going on to Planning and Zoning.
Gary Meyer asked what had brought all this up. Phil Lum stated that Gretchen had brought it up because she thought the LHDC Commission was still under the same procedures as the Old Town Commission was ten years ago. Phil stated that there was an issue with the pink ramp down at Pretty & Posh that was in the Historic District but not a Landmark therefore, the Commission had no jurisdiction over the pink ramp. Phil stated that the Mayor had offered the paint and labor at no cost to re-paint a different color, however there was no response.
Terri O’Neal asked what did this Commission have authority over. Phil Lum stated the Landmarks. However, after speaking with the City Attorney he agreed that just because they were called guidelines does not mean that they can not be enforced as a requirement, but the LHDC Commission only has authority over a Landmark. Edward Keil stated that what may be confusing to a lot of people are the words such as Historic District contributing resources.
Phil stated that according to the code a contributing resource could be anything such as a tree or a lamp as long as the LHDC Commission designated it as a Landmark. Terri O’Neal asked questions as to how long ago and how did the City prohibited a resident from putting siding on his property because it was in the Historic District. Kent Miller stated that was when there were two Commissions, The Old Town and the Landmark with both Commissions who voted against the petition. Phil stated in his research he had not found those regulations but it was his understanding that the Old Town Commission had the authority back then. Further discussion was held regarding the siding that was denied with Kent Miller stating that there were all kinds of arguments because that particular house was a certain type of a French Colonial with windows that had been added that were not in configuration with the house and were trying to determine what type of house it really was.
Kent Miller stated that since Gretchen was not here he would entertain a motion to continue this item. Curtis Gunn made a motion to continue this item, seconded by Terri O’Neil. All members concurred.
Item 2 Discuss 2012 Archeological Planning and Outreach Grant applications.
Phil Lum passed out the application for the grant with an explanation as follows, work summary on page one, description of scope of work on page three, project benefits on page four and page five the Community support information for the project. Phil stated that the breakdown which was on the last page which was previously approved by the Commission and that all he did was fill out the application. Phil stated that the proposed Phil stated that the Commission had very good success with the archaeology lecture and the green line tour. Phil Lum stated that the Commission would need to pick property that is a re-designated Landmark and on the green line tour that they would want to sponsor a special event at. Phil stated that the Commission could have a specific thing such as a food or wine event, with possibly inviting owners of re-designated properties, prospective Landmark properties owners, other Historic groups and / or possibly open to the public. Phil stated that along with that event there would be a TV show. Phil stated that when all this information is filled and signed by the Mayor, the application would be sent in. Phil stated that the application was already late, but it was his understanding that we still may be eligible for the grant.
Further discussion was held regarding the work to be done and the application. Kent Miller asked if there was a deadline to turn this information in by. Phil stated that the application was already late however if they could turn in the information by the end of the week it would be good. Kent Miler asked if there were any further questions regarding the application. With no further questions the discussion was closed. Kent Miller asked if there was any new or Miscellaneous business.
NEW BUSINESS
No new business.
MISCELLANEOUS BUSINESS
Phil Lum stated that he had a couple of miscellaneous items to report. Phil stated that one was on the dig and that the City had assisted with the material and equipment to fill in the dig. Phil stated that with all the MSD projects going on some of that dirt was used. Phil stated that Archeologist had gone thru that dirt and had actually found a few artifacts. Phil Lum stated that the Archeologist wanted the opportunity to go thru the stuff that the students had dug up and that was the only thing left to do. Further discussion was held regarding the dig with Kent Miller asking if everything was going to be in order before the Valley of Flowers. Phil stated that everything should be done by then however, he would remind them.
Phil Lum stated that the next item was on last year’s grant. The Commission was a few hundred dollars short in required expenses for the grant. Phil stated that in order to meet the expenses he contacted Joel Harl to do one more lecture at a school which would use up the rest of the grant money and the project would be closed out.
ANNOUNCEMENTS / COMMENTS
No announcements or comments.
Mr. Miller asked if there was any further business. Being no further business Mr. Miller stated he would entertain a motion to adjourn. Howard Nimmons made a motion to adjourn, seconded by Terri O’Neal. All members concurred. Meeting was adjourned.
Respectfully submitted:
Cynthia A. Treiber,
Recording Clerk
