District: Faubourg Marigny - Full Control
Owner: Gerard J Petersen
HDLC Staff: Dennis Murphy
Rating: Contributing
Applicant: Crystal Petersen
Permit #: 25-19348-HDLC
Description: Retention of installation of inappropriate dormer windows, metal gate, wood-grained fiber cement siding, visually prominent HVAC equipment, and replacement of wood fascia with fiber cement at a Contributing rated 1-1/2-story, two-family residential building without a Certificate of Appropriateness.
HDLC Guidelines:
06: 3, 10-11 — Guidelines for Exterior Woodwork
08: 1-9 — Guidelines for Windows & Doors
10: 2-5, 8-9 — Guidelines for Site Elements
Retention Items:
Dormer Windows: Denial
Gate at Left Side: Denial
Wood-grained Fiber Cement Siding: No Objection provided smooth-finish siding is installed if replacement is requested in the future
Fiber Cement Fascia: Denial
Visually Prominent HVAC Mini-Splits: Denial with recommendation units must be relocated farther back on wall , at location that meets CZO requirements
Staff Recommendations:
The current owner purchased the property in 1999 and obtained a CofA at that time for roof replacement, weatherboard repair, and restoration of the front entry door and transom. No other CofA's or building permits have been applied for since. In 2008, HDLC cited the property for the removal of two original 9-lite wood casement dormer windows and installation of inappropriate aluminum single-hung window units without a CofA. The file notes that the current owner was in contact with Staff and agreed to correct the windows or request retention; however, it does not appear they took any further action. In December 2022, the violation was closed with a note that the inappropriate window units had been in place for long enough to obtain legal non-conforming status.
On June 25, 2025, an HDLC Building Inspector observed new exterior work at the building without HDLC approval, a building permit, or a mechanical fuel gas permit. The applicant has agreed to correct the inappropriate dormer siding and trim modifications and to reinstall the previously existing roof ridge tiles; however, they are requesting retention approval for the remaining inappropriate alterations.
Inappropriate Dormer Windows:
The previous aluminum dormer windows were cited for violation in 2008 because they were installed without approval and did not comply with the HDLC Design Guidelines. Replacement windows are required to remain wood where street-facing, and they must match the existing in type, operation, light configuration, installation depth, etc. This violation was closed in 2022 with a note that the windows had been in place for enough time to obtain a legally non-conforming status. However, this status was abandoned when the owner replaced the aluminum windows with the current vinyl units, again without HDLC approval. Based on this, the current vinyl windows are evaluated as replacements for the original wood casement windows rather than the more recent aluminum windows.
The current vinyl windows do not comply with the HDLC Design Guidelines for replacement windows due to several factors: the material has been changed from wood to vinyl, the window style has changed from casement to single-hung, the sash profiles and proportions are not appropriate, and the units are flush-mounted due to the integrated nailing fin. While the applicant has agreed to correct the dormer siding and trim modifications and to remove the half-screens, they are requesting approval for the current window units to remain.
Because the current vinyl windows are not an appropriate replacement for the original wood casement windows removed in 2008 without approval, and because this is the same owner that continues to complete substantial repairs and alterations without HDLC review and approval, Staff recommends denial of the request for retention and recommends the applicant replace the inappropriate vinyl windows with appropriate new 9-lite wood casement windows.
Inappropriate Metal Gate at Left Side:
The HDLC Design Guidelines require all new metal fencing and gates to be plain and simple, with no additional decorative infill or design. Additionally, the Comprehensive Zoning Ordinance requires all new fences and gates to be a maximum height of 7'-0". If a fence or gate exceeds this height, it must obtain HDLC retention approval and a BZA waiver variance to remain.
The current gate installed on the left side exceeds the 7'-0" maximum height and includes an inappropriate decorative fleur-de-lis panel installed on the exterior side. The owner has noted that they replicated an existing metal gate on the right side; however, that gate also does not meet the HDLC Guidelines or CZO requirements and was installed without approval, but is now considered legally non-conforming due to its age and can remain. Based on these factors, Staff recommends denial of the request for retention of the gate and recommends the fleur-de-lis panel be removed and the gate modified or replaced to meet the maximum permitted height.
Wood-grained Fiber Cement Siding:
The HDLC Design Guidelines note that the installation of wood-grained fiber-cement siding is not approved and requires specific Commission approval in advance. Unlike smooth-finish fiber cement siding, wood-grained fiber cement siding does not accurately replicate the texture and character of sanded and painted weatherboards or weatherboards with multiple layers of paint.
Staff has no objections to the request for retention, provided that if a replacement is requested in the future, wood or smooth-finish fiber cement weatherboards must be used.
Replacement of Wood Fascia with Fiber Cement:
The HDLC Design Guidelines note that the maintenance and preservation of existing wood ornament and trim at historic buildings is strongly recommended, however, there are certain limited circumstances where using a replacement material, which is more resistant to rot and deterioration, may be an acceptable alternative. Additionally, greater flexibility is provided when considering alternate trim materials at new construction and additions to historic buildings, rather than as a replacement for traditional wood elements at existing historic buildings.
Based on these factors, and because the wood fascia is prominently visible at the front primary elevation, the replacement of the fiber cement element with an appropriate wood fascia is not cost-prohibitive, and because this work was completed without HDLC approval, Staff recommends denial of the request for retention.
Visually Prominent HVAC Mini-Split Equipment at Left Side:
The HDLC Design Guidelines note that the design and location of modern mechanical equipment, while representing a necessity of modern life, can have a significant negative impact on the historic integrity of the building and area. While the two new HVAC mini-split units are approximately 14'-0" back from the front of the building, they are installed high on the wall such that the gate does not adequately obscure their view from the street. Additionally, they do not appear to have the CZO required clearance distance between the equipment and the adjacent property line. Because of this, the applicant must obtain a BZA waiver variance and HDLC retention approval for the equipment to stay at this location.
While the left-side alley is narrow, given the proximity of the adjacent building, the units are visually prominent from Royal Street. Additionally, visibility may increase if the gate height is reduced to a maximum of 7'-0". Based on these factors, Staff recommends denial of the request for retention and recommends relocating the two units further back in the alley to minimize their visibility and impact on the streetscape. The units should be relocated to a position between the second and third windows or at the rear inset area, and the new location must comply with CZO setback requirements and HDLC guidelines.
Case History:
02/06/99: Current owner purchases property.
03/08/99: CofA issued for roof replacement, restoration of front entry doors and transoms, and to repair/replace wood weatherboards in-kind.
03/03/08: HDLC cites property for the installation of two inappropriate aluminum dormer windows without a CofA.
04/08: HDLC paper file notes that owner was in contact with staff regarding the violation and noted they would either request retention or correct the windows. However, no action appears to have been taken.
12/12/22: HDLC violation marked as closed because the windows were not addressed by the owner and subsequently obtained legal non-conforming status.
06/25/25: HLDC Building Inspector posts Stop Work Order after observing work at building without a CofA, building permit or mechanical permit issued. Inappropriate alterations included dormer trim/siding modifications, dormer window replacement, removal of roof ridge tiles, replacement of wood trim and siding with fiber cement, and installation of 8FT tall decorative metal gate and visually prominent wall-mounted HVAC mini-split units.
06/26/25: Applicant submits after-the-fact non-structural renovation application so the planned and already-completed work can be reviewed by Safety and Permits, and so HDLC retention approval can be requested. Submission of after-the-fact mechanical application is still pending.