District: Faubourg Marigny - Full Control
Owner: John Fink
Rating: Contributing
Applicant: John Fink
Description: Request to replace existing non-conforming alley gate at right side of Contributing rated, one-story, two-family residential building with new inappropriate gate.
Comprehensive Zoning Ordinance 21.6.N.1
HDLC Guidelines:
Section 10, Pages 1-6 of the Guidelines for Site Elements, state that fences, walls and gates are important elements of the overall character of a historic property and neighborhood. They identify boundaries, provide privacy and security and are often related to a building’s design and specific to their neighborhood. Most buildings in the Faubourg Marigny are built at the front property line and very close together, typically without front yards. Historically, capped solid board, vertical wood fencing or horizontally laid heavy boards secured to heavy wood posts were used to separate side and rear yards. An entrance gate of vertical wood boards was often located between the houses on a street to provide access to side and rear yards. The Guidelines also require that new fences, walls and gates are historically consistent in style with the type and style of the main building and must utilize appropriately scaled and detailed pickets. The HDLC also does not permit stockade fences of the type used in western forts, with wide boards cut to a point at the top except where its installation can be supported by historic documentation.
Staff Recommendations:
The existing Craftsman and Italianate style building was likely constructed between 1865 to 1875 and appears to have retained most of its original exterior architectural features and details. Both existing alley gates on the left and right sides of the building do not currently meet the HDLC Guidelines or Comprehensive Zoning Ordinance based on their height, configuration and materiality. However, both have been installed for over ten years without a citation and are considered to be a permitted non-conformity. As such, Staff can approve the repair or replacement of these gates in-kind to match the existing configuration and materiality. However, removal and replacement of the permitted non-conformity with any other design, configuration or material is subject to review and approval based on the current requirements.
The applicant is proposing to remove the existing right-side alley gate to install a new gate to match the adjacent existing "clip-top" style gate on the left side. Zoning has confirmed they do not consider the proposed fence replacement to remove the permitted non-conformity status and so the current excessive height can be maintained even if the fence design is repaired or modified, in terms of their review.
However, in addition to the proposed new gate exceeding the HDLC maximum 7'-0" height limit, it does not appear historically consistent with the type and style of the main building, does not utilize the required vertical board wood cap, and "clip-top" style fence boards are specifically prohibited by the Guidelines. Based on this, Staff recommends denial of the request and recommends the applicant consider replacing the existing gate in-kind to match the current condition (or) consider installing a simple, 7'-0" tall capped wood vertical-board fence gate that is more consistent with the Guidelines and other similar current gate installations in the surrounding district. Additionally, the new gate can be set back a few feet into the alley depth to alleviate any concerns about intruder access via the front porch.
Recommendation: Denial
Proposed Right Side Gate
HDLC Recommended Right Side Gate
Existing Left Side Gate
Existing Right Side Gate