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File #: 20-817    Name:
Type: Ordinance Status: Individual Item Ready
File created: 11/4/2020 In control: City Council
On agenda: 11/23/2020 Final action:
Title: Public hearing and first reading of an ordinance regarding an ordinance-initiated historic landmark designation for the main residence currently addressed as 674 W. Edgewater Terrace, in response to an application for demolition.
Attachments: 1. Aerial Map, 2. Plat of Landa Park Estates, 3. Survey, 4. Newspaper Clippings, 5. Photographs, 6. Land Use Maps, 7. Response Map and Letters, 8. Ordinance Attachment

Presenter/Staff Contact

Presenter

Caleb Gasparek, Assistant Planner

Contact Info

(830) 221-4086 - CGasparek@nbtexas.org

 

Subject Header

SUBJECT:

Title

Public hearing and first reading of an ordinance regarding an ordinance-initiated historic landmark designation for the main residence currently addressed as 674 W. Edgewater Terrace, in response to an application for demolition.

 

Body

BACKGROUND:

City Council District:                     4

 

Case #:                                                               PZ20-0232

 

Owner:                                                               Evy Kay Washburne

                                                                                    674 W. Edgewater Terrace

                                                                                    New Braunfels, TX 78130

 

Applicant:                                                               David Mills                     

                                                                                    PO Box 312459

                                                                                    New Braunfels, TX 78130

 

In early September 2020, the City received a demolition permit application for the dwelling and detached accessory structure at 674 W. Edgewater Terrace. Pursuant to Chapter 66 “Historic Preservation” of the New Braunfels Code of Ordinances, demolition permit applications are to be reviewed by the City’s Historic Preservation Officer for determination as to whether the subject structure possesses potential historic, cultural, architectural or archaeological significance. If it is determined that the subject structure may possess significance, the demolition permit must be presented to the Historic Landmark Commission (HLC) for review and recommendation on consideration of potential Historic Landmark designation.

 

If the HLC makes a recommendation that the building has significance, then the procedure for landmark designation found in Sections 66-54, 66-55, and 66-56 is automatically triggered. Section 66-55 indicates that the procedures for a landmark designation shall be in the same manner and according to the same procedures as specifically provided in the zoning ordinance, requiring the designation to be reviewed by the Planning Commission for a recommendation, and City Council for a final decision. This is because historic designation is essentially a zoning overlay for a property.

 

The HLC reviewed demolition permit DM2020-2515 to make a determination of historical significance during their regular meeting on October 13, 2020. They voted 5-0-1 to initiate the process for Historic Landmark designation.

 

The case was then brought before the Planning Commission during their regular meeting on November 4, 2020. After a public hearing, they voted 6-0-0 to recommend denial of the ordinance-initiated landmark designation.

 

The lot also has a pending variance request to be heard by the Zoning Board of Adjustment. This variance request is to allow the new residence to encroach 2 feet into the required side setback, and a new accessory structure to encroach 2 feet into the other required side setback.

 

HISTORIC CONTEXT:

The subject property is a rectangular, interior lot of approximately 12,000 square feet, addressed at 674 W. Edgewater Terrace. The rear of the lot is adjacent to the Comal River, near the Headwaters at the Comal. The subject property is located within Landa Park Estates, a subdivision of mostly rectangular-shaped lots that was first platted in 1933. Landa Park Estates is noted for having many small lots with 25 feet of street frontage, with the exception of Edgewater Terrace which featured 50-foot wide lots.

 

City records indicate that the house was built and designed by local architect Roye V. Swartwout for $2,500 in 1938. Mr. Swartwout and his wife, Myrtle, owned the property from 1938 to 2003. The house is a unique example of the Minimal-Traditional style that was popular in the US in the years following the Great Depression. Minimal ornamentation, double-hung multi-pane windows, intermediate-pitched gable roof, and an L-shape floor plan are all characteristic of the Minimal-Traditional style. 674 Edgewater has a number of additional features such as an attached garage, large rear bay window with built-in planters, and a single roof dormer that adds to the uniqueness of the building. Additionally, the house is clad in brick which is rarely found in Minimal-Traditional homes built during this time.

 

Roye (May 14, 1901 - August 30, 1963) Swartwout was born in Philadelphia, PA to George and Effie Swartwout. City records indicate Roye moved to New Braunfels in the late 1920’s. He appears in a number of city records throughout the 1940’s, 1950’s, and 1960’s. Roye was also a member of a city-sponsored commission known as the “City Commission.” Minutes from City Council indicate the City Commission was responsible for city-sponsored development projects. Roye acted as an architectural consultant for the Commission, and was awarded several bids for city-owned property including renovations to Landa Park. In 1936 Roye and Myrtle are listed as part of the group of citizens urging the City to buy and preserve Landa Park. That same year a full-page story is printed in the New Braunfels Herald showcasing the “Ideal Home” designed by Mr. Swartwout. The Ideal Home was furnished and landscaped by local businesses, and even came stocked with food from the Eiband & Fischer store. Another ad indicates that these were the first houses constructed in New Braunfels under the supervision of the Federal Housing Administration. City records indicate a number of these Ideal Homes were constructed in the Landa Park Estates, though only one still remains at 719 Edgewater Terrace.

 

In 1940 Mr. Swartwout and renowned Texas Architect Jeremiah Schmidt won a bid from the city to construct the open-air theatre at Landa Park. A number of other buildings around New Braunfels are attributed to Mr. Swartwout throughout the mid-century. These include a 1949 addition to the Sophienburg Museum, a mid-1960’s addition to the Landa Golf Course building, several residences in Landa Park Estates, and the Annex building of St. John’s Episcopal Church in New Braunfels. Newspaper articles indicate that Mr. Swartwout and Jeremiah Schmidt worked together on a number of projects within city limits. Roye passed away on August 30, 1963.

 

Myrtle A. (Lovin) Swartwout (January 18, 1910 - July 16, 2003) was born in Spring, Texas to John and Lula Lovin. She graduated from New Braunfels High School in 1926. Mr. and Mrs. Swartwout had one child, Roye Jr. who passed away in 1944 at the age of 14. Mrs. Swartwout was involved in a number of civic activities in New Braunfels throughout her life. Both Mrs. and Mr. Swartwout are listed as founders of St. John’s Episcopal Church in New Braunfels. Mrs. Swartwout served on various city and civic boards. She served as the president of the New Braunfels Garden Club Council and the Executive Secretary of the Comal County Tuberculosis Association. Historically, garden clubs were responsible for civic beautification before the city had landscaping requirements. Her work with the Tuberculosis Association involved testing and treating those afflicted with tuberculosis. Myrtle was also responsible for petitioning the City and County to hire the first City-County nurse. She resided at 674 W. Edgewater until her death in 2003.

 

DETERMINATION FACTORS:

A structure may be designated as a Local Historic Landmark if it meets at least one of the following criteria:

1)                     Possesses significance in history, architecture, archaeology, or culture.

674 W. Edgewater possesses significance in local history and local architecture.

2)                     Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history.

N/A

3)                     Is associated with the lives of persons significant in our past.

674 W. Edgewater is associated with the lives of Roye and Myrtle Swartwout. Roye is significant for his architectural work in New Braunfels and the Landa Park Estates neighborhood. Myrtle is significant for her contributions to local public health and her work with civic beautification. Both Roye and Myrtle are collectively significant for their role in civic life and the founding of St. John’s Episcopal Church of New Braunfels.

4)                     Embodies the distinctive characteristics of a type, period, or method of construction.

674 W. Edgewater embodies the Minimal-Traditional style popular during the years of the Great Depression. The Minimal-Traditional style is a nationally recognized style that is indicative of American architecture through the 1930’s, 1940’s and mid-1950’s.

5)                     Represents the work of a master designer, builder, or craftsman.

674 W. Edgewater is associated with renowned local architect Roye Swartwout.

6)                     Represents an established and familiar visual feature of the neighborhood or city.

N/A

 

Section 66-60 (3) of the City’s Code of Ordinances states that, “If the commission concurs on the significance, the commission shall recommend to the city council that the building, object, site or structure be designated, as appropriate, an exceptional or significant historic landmark.” The ordinance further states “If the property owner objects to the designation, a three-fourths vote of the entire city council shall be required for historic designation of the property in question.”

 

ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:

City Plan/Council Priority: Envision New Braunfels

Supporting Actions:  Action 2.6: Consistently evaluate the areas designated historic for strategic expansion or new designations.  Action 2.10: Identify and preserve non-protected architectural and cultural resources.   Action 3.13: Cultivate an environment where a healthy mix of different housing products at a range of sizes, affordability, densities, amenities, and price points can be provided across the community as well as within individual developments.

 

FISCAL IMPACT:

Landmark designation provides several incentives through Section 66 “Historic Preservation” including a waiver on all building permit fees and qualifies the applicant for tax relief on the property for a period of up to 10 years.

 

Recommendation

COMMITTEE RECOMMENDATION:

The Historic Landmark Commission reviewed the request to demolish the residence and detached accessory structure at 674 W. Edgewater Terrace on October 13, 2020. They voted 5-0-1 to initiate the process for landmark designation found in Section 66-54 “Designation of historic landmarks” and Section 66-56 “Criteria for the designation of historic landmarks and districts.”

 

The Planning Commission reviewed the request on November 4, 2020. They voted 6-0-0 to recommended denial of the landmark designation.

 

STAFF RECOMMENDATION:

Staff recognizes that the residence at 674 W. Edgewater Terrace is eligible for landmark designation because it meets several of the criteria in Section 66-56 “Criteria for the designation of historic landmarks and districts.” If City Council is inclined to designate, given the large lot size, staff recommends the local landmark designation be for only the main dwelling associated with Roye and Myrtle Swartwout, and that it be known as the “Swartwout House”.

 

The R-2 zoning of the property allows for a maximum of two residences on the lot. Staff believes that landmarking the Swartwout residence and not the entire property would be a reasonable compromise that upholds the intent of Section 66 “Historic Preservation.”

 

The applicant has indicated that given the physical constraints of the property, constructing a new dwelling at the rear of the property would be difficult and require removal of the large heritage tree located in the front yard. Additionally, the applicant is in opposition to the landmark designation of the property, requiring a supermajority vote of city council to approve the landmark designation.

 

Notification:

Public hearing notices were sent to 14 owners of property within 200 feet. The City has received 10 responses in opposition, and no responses in favor of the landmark designation. Because more than 20% of the property within 200 feet is represented by opposition, a supermajority vote of city council is required to approve per state statute. The owner’s objection to the landmark designation also requires a supermajority vote of City Council to approve.

 

RESOURCE LINKS:

                     Section 66-54 “Designation of Historic Landmarks” <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH66HIPR_ARTIIIHILAPR_S66-54DEHILA>

                     Section 66-56 “Criteria for the designation of historic landmarks and districts <https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH66HIPR_ARTIIIHILAPR_S66-56CRDEHILADI>

<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH66HIPR_ARTIIIHILAPR_S66-56CRDEHILADI>

 

ATTACHMENTS:

1.                     Aerial Map

2.                     Plat of Landa Park Estates

3.                     Survey

4.                     Newspaper clippings

5.                     Photographs

6.                     Land Use Maps

7.                     Response Map and Letters

8.                     Ordinance Attachment