District: Faubourg Marigny - Full Control
Owner: Roger's Investment Properties LLCÂ
HDLC Staff: Dennis Murphy
Rating: Contributing
Applicant: Paulo RosaÂ
Permit #: 24-04937-HDLC
Description: Retention of design changes at new rear addition and exterior wall demolition in excess of approved drawings at a Contributing rated, one-story, two-family residential building in deviation of a Certificate of Appropriateness.
HDLC Guidelines:Â
12: 14-19, 23-24 – Guidelines for New Construction, Additions and Demolition
Retention Items:
Design changes at rear addition: No Objection
Exterior wall demolition: Approval including a fine in the Tier 2 range
Total Fine Range: $0 to $27,570
Recommended Fine: Tier 2 ($9,374 to $18,196)
Staff Recommendations:Â
The applicant received HDLC approval to renovate the building, including construction of a new 2-story rear addition. After the CofA was issued and work began, the applicant contacted Staff to discuss reducing the addition from a 2-story to one. Staff noted the changes could likely be approved at the Staff level, however, updated and stamped drawings would need to be provided to complete the re-review. Unfortunately, updated drawings were not submitted to HDLC or Safety and Permits, and so the changes were not reviewed or approved in advance.Â
On February 8, 2024, HDLC Inspector Alex Nassar was in the area completing other inspections when he was invited into the building by the project team to review their progress. It was observed that the full lengths of the left and right sides of the primary structure's exterior walls had been fully removed and replaced with new framing, in deviation of the approved drawings. HDLC then placed a Stop Work Order on the property.Â
For the changes at the rear addition, this could likely have been approved at the Staff level if the applicant provided the requested updated drawings prior to beginning the work. The size and massing of the addition was reduced, which decreases its overall visibility from the street. However, the applicant should have followed the proper procedure and resubmitted the necessary drawings for review and permitting. Based on this, and because all other details appear to meet the HDLC Guidelines and previous ARC recommendations, Staff has no objection to the request for retention of these changes, provided that updated drawings are submitted to HDLC and Safety and Permits for review and approval prior to the resumption of this work.
For the exterior wall demolition, the approved drawings permitted the removal of approximately 56 feet of exterior walls (or 34% of the total) to demolish non-original rear lean-to additions to accommodate the new rear addition footprint. Unfortunately, an additional 76 feet of exterior wall length (or 46% of the total) on the left and right sides was removed and replaced , such that only about 20% of the original exterior wall framing currently remains. The HDLC approved drawings include a specific note that no re-framing, reconstruction, or demolition of exterior walls is permitted other than that indicated on the drawings, and to contact Staff directly if this work does become necessary.Â
The applicant has noted the exterior wall framing was in very poor condition prior to its replacement. Photos of the previous framing submitted by the applicant after-the-fact show evidence of general deterioration, including termite damage, but does not appear to be substantial enough to warrant full removal and replacement. Staff would likely have recommended a more limited repair/replacement strategy or sistering as a more appropriate option instead. For example, the front façade wall was sistered rather than fully replaced, allowing the original framing and openings to remain at this area, while also increasing structure's overall load-bearing capacity and longevity.Â
The HDLC Design Guidelines note that the full or partial demolition of Contributing rated structures is rarely an appropriate action, because the loss of historic building fabric is often difficult or impossible to replace, and because these actions degrade the overall integrity of the historic structure. Based on this, and because the applicant did not follow the required procedure to have this additional scope of work reviewed and approved in advance, Staff recommends approval of the request for retention of the exterior wall demolition, and recommends a fine be levied at the lower end of the Tier 2 fine range.Â
Case History:
10/11/22: Application submitted for structural renovation of existing building, including extension of front roof to create new covered front porch and construction of new two-story rear addition.Â
11/15/22: The ARC voted to recommends conceptual approval of the application. and agreed that:
The proposed new rear addition appears to be sufficiently set back from the front of the building to be considered minimally visible from the street.
The existing covered porch is a building amenity that should be maintained, even though the work requires an alteration of the building’s front roof form.
The porch column, handrail and other details should be more subdued and simplified so that they do not give the false impression of a specific period or style. The ARC also recommended the porch columns shown in Option 2 (closer to the Greek Revival style) are the most appropriate for this particular building.
12/07/22: The Commission votes to ratify the ARC recommendation for conceptual approval of the proposed renovation work.
02/24/23: CofA issued for renovation and new rear addition.
08/24/23: Applicant and new project architect notify Staff of requested change to eliminate the second floor of the proposed new rear addition. Staff notes that additional HDLC review is required and that drawings must be stamped and updated to be consistent across the set to continue the HDLC re-review.Â
02/08/24: HDLC Inspector Alex Nassar was in the area of the property and is invited into the interior to observe the work in progress. At the interior, it was observed that the full lengths of the left and right exterior walls had been removed and replaced with new framing, in deviation of the approved drawings. HDLC posts a Stop Work Order and applicant is notified.
02/22/24: Application submitted for retention of exterior wall demolition and deviations at new rear addition.Â