Title/Name/Summary
9855 W. 144th Street - Certificate of Appropriateness
History
QUICKFACTS
Project
9855 W. 144th Street - 2013-0489
Petitioner
Kurt Ringhofer
Purpose
The petitioner is requesting a new Certificate of Appropriateness for 9855 W. 144th Street to approve metal railings on the front porch of the house. The new COA seeks to amend the existing COA approved under case number 2012-0690.
Requested Actions: Certificate of Appropriateness
Project Attributes
Address: 9855 W. 144th Street
P.I.N.(s): 27-09-211-017
Size: 7,375 square foot lot
Comprehensive Plan Planning District: Downtown Planning District
Comprehensive Land Designation: Single Family Residential
Existing Zoning: OOH Old Orland Historic District
Existing Land Use: Single Family Residential
Surrounding Land Use:
North: OOH Old Orland Historic District - (across 144th Street) Single Family Residential
South: OOH Old Orland Historic District - vacant Lot 3 Kelly Grove Subdivision
East: OOH Old Orland Historic District - (across Third Avenue) Multi-Family Residential
West: OOH Old Orland Historic District - vacant Lot 1 Kelly Grove Subdivision
OVERVIEW AND BACKGROUND
The Village Board approved a Certificate of Appropriateness for Lot 2 of the Kelly Grove subdivision in February 2013 for a single family home. The original COA included a depiction of wood porch railings on the house. During construction in June, a field change was made to install metal porch railings. The installation of the metal railing is contrary to the expectations of the Board Approved elevation drawings approved via the COA. The installed metal railings, as designed, do not fit the architectural design of the home and would not have been approved if included on the COA elevations. Staff has recommended a compromise to keep the railing material as metal but use a design more appropriate to the area. The petitioner has declined the compromise and instead wishes to pursue a new COA for the railings as installed.
The staff report to the Historic Preservation Review Commission is attached for further reference and more detail.
PROJECT DESCRIPTION & CONTEXT
The petitioner proposes to rectify a field contradiction to the Board Approved elevation drawings to permit metal railings. The metal railings in question are located at the front of the porch. They are cast in a wrought iron/ aluminum metal with a twirl on the rod with diamond shaped medallions. The metal railing system is along the entire front porch, which wraps the front of the house on both Third Avenue and 144th Street.
The petitioner is not requesting any variances or modifications to the Land Development Code for the proposed improvements.
The recommendation motion for this project is to deny/approve the request to amend the existing COA. The following points can be referenced with greater detail in the attached HPRC report:
1) The proposed metal railing is not appropriate to the style and character of the Historic District.
2) The proposed material is incompatible with the design of the house.
3) Approving a new COA establishes a precedent that weakens the credibility of Board Approved elevations.
It is important to note that an existing Certificate of Appropriateness (2012-0690) that meets the Land Development Code’s intent and regulations is already approved for this project. It is also important to note that while elevations drawings are amended regularly, they must still be amended appropriately with consideration to the design and character of the surrounding area-particularly in the Historic District-- and within Code.
The metal railing on the porch of the house at 9855 W. 144th Street was installed without review and does not conform to the Board Approved elevation drawings in case number 2012-0690 and to the policies for this area.
Additional details about the project are discussed in the Historic Preservation Review Commission report, which is attached for reference.
HISTORIC PRESERVATION REVIEW COMMISSION MOTION
On September 17, 2013, the Historic Preservation Review Commission moved 0-6 to recommend to the Village Board of Trustees to approve the issuance of a Certificate of Appropriateness to 9855 W. 144th Street for metal railing on the front porch per the elevation drawings titled “Two Story Residence for 9855 W. 144th Street Orland Park IL. 60462,” prepared by IJM Group Inc., dated Dec. 11, 2012, received on Aug. 9, 2013.
The motion for approval failed by a 0-6 vote.
DISCUSSION
At the HPRC meeting, the petitioner and the HPRC debated the appropriateness of the materials used on the porch. Much of the debate circled on the intent of Section 6-209 of the Land Development Code and the original COA. The below is an excerpt from the staff report that sums up the positions of the debate.
“Section 6-209.F.3.c.2 of the Land Development Code notes the following for porches in the Old Orland Historic District:
‘New porches and over hangs are encouraged for all additions and new buildings. Wood components and wood siding are appropriate and should be painted. Porches on additions or new construction are encouraged to be open and of a compatible scale and material…’
Currently, Section 6-209 of the Land Development Code (Old Orland Historic District) does not expressly require wooden railings or expressly prohibit metal railings on porches. The intent of the Code, however, is clear. It notes the appropriateness of “wood components” while encouraging compatible scale and material. Therefore, the Code’s intent is to have “wood components” on residential structures (e.g. porches) that are of “compatible scale and material” to the structure and the surrounding neighborhood. The original COA petition was recommended for approval by the HPRC with this intent and expectation.
While encouragement is not a requirement, the Code’s intent is to reach compatibility with that which is appropriate. The COA process provides for review of elements like porches to ensure that if a non-wood material is proposed, it is still complimentary and appropriate to the building design and the Historic District. Therefore, the encouragement clause of this section is associated to the context of appropriateness and the Land Development Code does not state that metal components are appropriate for porches.”
Additionally, many of the HPRC members expressed concern regarding fairness to previous cases in which petitioners did something against Code and were required/ compelled to make necessary changes to meet Code. They also expressed concern about the precedent this would set in terms of a project obtaining a COA with one plan only to turn around and make field changes without approvals and then seek forgiveness retroactively with inappropriate materials.
The petitioner expressed that it was not his intent to go against Code but that the Code does not expressly require or prohibit the metal railings. He also maintained that the approved plans did not specifically call out the material of the porch railings. Other buildings in the district also have metal railings (although most of these are grandfathered and have been considered consistently as legal non-conforming). He maintained that it was not his fault the Code was not clear and said that the Code should be changed to be clear on the intent. In the meantime, he maintained, his house should not be held accountable for something that is not clear.
The HPRC returned to the fact that this was a contradiction to what was shown on the original elevation drawings approved in the existing COA. They then motioned to give the proposal a chance for approval and the motion failed, at which point the debate was closed.
This case is now before the Village Board of Trustees for consideration.
Recommended Action/Motion
I move to approve the issuance of a Certificate of Appropriateness to 9855 W. 144th Street for metal railing on the front porch.
THIS SECTION FOR REFERENCE ONLY (NOT NECESSARY TO BE READ)
I move to approve the issuance of a Certificate of Appropriateness to 9855 W. 144th Street for metal railing on the front porch per the elevation drawings titled “Two Story Residence for 9855 W. 144th Street Orland Park IL. 60462,” prepared by IJM Group Inc., dated Dec. 11, 2012, received on Aug. 9, 2013.