Mr. Glen M. Tarleton gave a presentation on the demolition of the buildings on 402 and 404 Paseo del Pueblo Norte. Mr. Tarleton stated they are not contributing properties and explained it would take a lot of work to bring it up to any type of rental condition, both have structural problems with no foundation. The buildings have been broken into and people are sleeping in them.
Chairman Palacios concerns were that the Historic Preservation Commission had previously asked Mr. Tarleton to preserve those buildings. Chairman Palacios asked Ms. Gonzales what the staff recommendation was.
Ms. Gonzales stated the staff recommends that this Certificate of Appropriateness request be denied based upon previous conditions placed on this property by the Historic Preservation Commission, or, continued, pending the completion of review by the State Historic Preservation Office. Any recommendations other than denial should cite the findings and recommendations made by the State Historic Preservation Office.
Chairman Palacios stated the buildings are part of the Historic District and there are ways of preserving buildings so that people or the elements don't wreck them further. Chairman Palacios stated he would like to hear what the State Historic Preservation Office has to say about the buildings and added they are Historic whether they are labeled Historic or not.
Mr. Tarleton stated when he was notified by the Town of Taos that he had the choice of either adding them in to the Town of Taos and being labeled as historical buildings or not Mr. Tarleton declined, he thought that was the end of it.
Commissioner Figueroa clarified that even for a non contributing property the Town has the option of going to the State for a review of that structure before the Commission makes a decision for demolition.
Commissioner Choma stated she was a part of the previous meetings where conditions were placed. Commissioner Choma stated one of the conditions was that Mr. Tarleton catch up on deferred maintenance on both of these buildings and added there was a very clear list of all the conditions. Commissioner Choma read from the Town of Taos Code 16.16.22.7 Preservation Requirement and added Mr. Tarleton could be potentially (she is not here to issue legal judgement) in violation of that code by not maintaining these buildings properly having deferred maintenance to the point where now Mr. Tarleton is suggesting to demolish them. Commissioner Choma stated she remembers (it is on film as a matter of record) the Commission asking the applicant if they planned to demolish the buildings in favor of this project they are proposing to do in the acreage behind. Commissioner Choma stated the applicants answer was very clear, "No, I do not plan to demolish these buildings". Commissioner Choma stated once they received the applicants answer they included the preservation and maintenance and catch up to deferred maintenance as conditions the applicant needed to adhere to. Commissioner Choma stated now she is hearing that hasn't happened in all these months and now they are asking to demolish the buildings.
Mr. Tarleton stated they had no intent to do that they were working with both tenants to design a project that would leave those two buildings in place. Mr. Tarleton stated that as far as the Doctor's office that has the adobe structural problems that occurred before they owned the property and from what he understands from the previous owner is the reason the rent was so low was because the tenants was to maintain the building. Mr. Tarleton added they did do some work on the building, they did some plumbing and some of the other things. Mr. Tarleton stated the other building they have pretty much kept up and put a brand new roof on the building a few years ago Mr. Tarleton added they didn't do any other work because the terms of the lease that the operator of the building would maintain the property. Mr. Tarleton stated the tenants did a lot of renovations in that building but since she moved out they have not done anything with the building other than keep it from falling down.
Commissioner Henry asked Mr. Tarleton how much of the existing landscape would remain if he demolished the buildings or would they remove the trees and the landscape that have been there for generations.
Mr. Tarleton stated at this point in time they would just take down the buildings and added if they had a plan to build something on that property like they had then maybe they would have to tear down some of the trees.
Commissioner Henry stated to Mr. Tarleton it sounds like you have a vision for your property and added he is not seeing a site plan on what Mr. Tarleton is envisioning. Commissioner Henry stated he would like to see what his actual vision is for example if he could see a site plan showing a scheme where they keep the buildings and a scheme where they keep one or the other and a scheme where they demo them both and then the Commission can compare what the vision is. Commissioner Henry stated he is not asking for that tonight but maybe for a later date.
Chairman Palacios stated he would like to recommend that they table this case until the next meeting because they don't have the information that is being requested from the State Historic Preservation Office.
Commissioner Choma asked to clarify that the request before the Commission today is to demolish the buildings. Commissioner Choma reminded Mr. Tarleton this Commission by record has in fact indicated to Mr. Tarleton, in the past, more than once over a series of meetings, that he may be remiss in maintaining these buildings and this Commission has asked him to do so, that is what is on the table before the Commission, this has not been done and now Mr. Tarleton wishes to demolish these buildings. This Commission has asked him to take care of them and maintain them. Commissioner Choma stated these are two opposite things going on here and added from her perspective she does not need more information to make a decision on her end regarding whether they should demolish these buildings, the request of this Commission has been that Mr. Tarleton catch up with deferred maintenance which has made these buildings what they are now and to preserve, maintain and protect these buildings. Commissioner Choma stated this is what the Commission has asked Mr. Tarleton to do.
Mr. Tarleton stated they cannot rent the buildings and so they don't have the funds to maintain them.
Commissioner Henry asked Mr. Tarleton if it would change his mind on the demolition process if he found tenants for either one of those properties.
Mr. Tarleton stated yes it would help. Mr. Tarleton introduced his agent Mr. Mark Yaravitz and stated he is here now and can speak for Mr. Tarleton.
Mr. Yaravitz reiterated what Mr. Tarleton stated concerning the Dr. Kilgore property, it was only acquired by Mr. Tarleton in the last year or two and Dr. Kilgore was to maintain the building so that his rent would not increase. Mr. Yaravitz stated he tried to rent the Dragon Fly Restaurant and make it usable again and added as they went through it none of the economics of remodeling that building, regardless of some of the other components, could be justified with any return on investment in rents. Mr. Yaravitz stated he was unclear of whether or not these buildings fall under the domain of the SHPO (State Historic Preservation Office) and added he would like some clarification from the town or from the Historic Preservation Commission on what they think is the legality of what this issue is about and asked do they have the right to tear down their own buildings based upon what is in existence in the SHPO Books and in their documents.
Chairman Palacios stated he will acknowledge Mr. Yaravitz gray area of the listing of these buildings through the State and added the Commissions task is to preserve the buildings that are in the Historic Zone. Chairman Palacios stated Mr. Yaravitz was part of the other proposal when the Commission stated the other project could go through and it was not the intent of the owner to demolish the buildings as part of the record at that time and there was an agreement to take care of those buildings. Commissioner Palacios stated they are looking at the neglect factor on what they are asking the applicant to do.
Mr. Tarleton stated he never said he would keep the building at 402 Paseo del Pueblo Norte.
Commissioner Choma stated she does not remember Mr. Tarleton stating they would demolish any of the buildings and added the Commission was very clear on asking whether these two buildings on Pase del Pueblo Norte, which front the project Mr. Tarleton had in mind at that time, whether Mr. Tarleton had intentions to demolish them and that answer was no. Commissioner Choma read from the Town of Taos code again for Mr. Yaravitz as he was not in attendance when she read it the first time. Commissioner Choma stated this is not criteria based on whether it is a contributing building or this would also indicate that when you purchase a building that may have fallen into some disrepair when you become the owner of that building, the responsibility for maintenance, preserving, protecting, fixing it up comes to the new owner of that property. Commissioner Choma stated that is code and the Commission is happy to share it with the applicants. Commissioner Choma repeated this is what this Commission asked Mr. Tarleton to do, these were the conditions put out and the conditions put out had everything to do with protecting these buildings, maintaining them, keeping them and also protecting the acequia and acequia rights within that area. Commissioner Choma stated the Commissions request has always been to protect, preserve and maintain these buildings and to find out months later very little or hardly any of these conditions have been met, one can only imagine further deterioration occurs.
Commissioner Figueroa made a motion to defer action and continue Case No. HPC2015-5 for a Certificate of Appropriateness for Demolition of 402 Paseo del Pueblo Norte until the next regularly scheduled Historic Preservation Commission Meeting on April 8, 2015 and until such time that this Commission, the Staff of the Town of Taos and the owner and architect of the property receive the information that has been requested from the State Historic Preservation Office so they have more knowledge about this issue.
Commissioner Henry seconded the motion.
A discussion ensued between the Commission, the applicant and the applicants agents concerning waiting for the review from the State Historic Preservation Office, the list of properties Ms. Rachel Prinz created when she did a survey of the buildings that she thought should be contributing properties, the previous owners of the property located at 404 Paseo del Pueblo Norte, the testimony from the previous tenants and the property located at 401 Paseo del Pueblo Norte.
Ms. Anne MacKenzie spoke in regards to the Town code specifically the section Commissioner Choma read earlier in the meeting. Ms. MacKenzie stated the property owner has allowed the buildings to deteriorate and asked if they deny them to demolish the buildings will the property owners allow the buildings to collapse. Ms. MacKenzie stated the buildings are precious to Taos, everybody knows them and love them. Ms. MacKenzie stated she heard the lease that the applicants offered to the previous tenant was outrageous and added if the case comes back to the Historic Preservation Commission she will try to get a copy of it from the previous tenant if she still has it.
Mr. Douglas Patterson spoke in regards to his review of the properties. Mr. Patterson stated he thinks the buildings are beyond their useful life and to make them useful again is exceeding the cost of something that would be built new. The buildings are in a commercial zone, they don't have plumbing, heating, they don't have adequate services, their structures are beyond their useful life. The client can't lease the structures as is, they can't find a tenant that can afford the cost of bringing the structures back to a useful life and the owners can't find the resources to bring those structures back to their useful life. Mr. Patterson stated delinquent buildings are a nuisance and a hazard and he thinks those buildings are close to becoming a nuisance and a hazard, windows have been broken.
Commissioner Figueroa asked Chairman Palacios to call for the vote on the motion on table.
Chairman Palacios called for the vote on the motion.
The motion was Passed. Those voting AYE were: Commissioners: Henry, Christmas, Palacios, Figueroa, Choma |