HomeMy WebLinkAboutOfficial Act No. OA258-26 - Official Act - Appeal Historic Preservation Committee's Denial of Certificate of Appropriateness - 311 Broadway AdditionRenovation
OFFICIAL ACT
The Common Council of the City of Rochester, Minnesota hereby approves the requested
appeal and overturning the denial of the certificate of appropriateness for an addition to
the project at 309-317 Broadway Avenue based on the following information:
UDC Section 60.200.040C.8.d indicates that the Secretary of the Interior Standards for
the Treatment of Historic Properties will be used in the review of COAs with locally
adopted design guidelines providing additional guidance. Following in bold are the
Secretary of the Interior's 10 Standards for Rehabilitation, with a notation from Community
Development stating how the project meets each.
1. A property will be used as it was historically or be given a new use that
requires minimal change to its distinctive materials, features, spaces and
spatial relationships. The property will continue as mixed-use, with upper-level
residential and the majority of ground-level commercial space remaining. So too
will the distinctive materials, features, spaces and spatial relationships that are
located along Broadway Avenue. While there will be changes to the spatial
relationship between the new upper stories of the addition and the existing historic
buildings on Broadway, the massing of the new addition is smaller and does not
expand beyond height and width boundaries of the 318 Commons building directly
adjacent to the rear.
2. The historic character of a property will be retained and preserved. The
removal of distinctive materials or alteration of features, spaces and spatial
relationships that characterize a property will be avoided. The historic
character of these properties is primarily located within the facades facing
Broadway Avenue. The historic features of these will be preserved, with no
changes being approved to the Paine Furniture or Bach Music Buildings facades.
The storefront at 309 will be rehabilitated, removing the infill that was put in place
around 15 years ago, reestablishing its historic opening. The remaining portions of
the brick facade of 309 will be preserved.
3. Each property will be recognized as a physical record of its time, place, and
use. Changes that create a false sense of historical development, such as
adding conjectural features or elements from other historic properties, will
not be undertaken. Changes that have occurred within the district's period of
significance will be maintained. The rehabilitation of the facade at 309 and to the
alley side of the buildings will utilize a more contemporary design and not create a
false sense of historical development or add conjectural features.
4. Changes to a property that have acquired historic significance in their own
right will be retained and preserved. Changes have occurred to the storefronts
of 311-317 over time within the period of significance, and no alterations are
currently proposed to these spaces.
5. Distinctive materials, features, finishes and construction techniques or
examples of craftsmanship that characterize a property will be preserved.
None of the material being removed qualifies as distinctive materials, features,
finishes, and construction techniques or examples of craftsmanship, and altered
spaces are not character-defining spaces of the properties.
6. Deteriorated historic features will be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the
new feature will match the old in design, color, texture, and, where possible,
materials. Replacement of missing features will be substantiated by
documentary and physical evidence. None of the character-defining historic
features are being replaced in this project.
7. Chemical or physical treatments, if appropriate, will be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials
will not be used. No such treatments are proposed as part of this project.
8. Archaeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken. Due
to construction projects in close proximity over a wide period of time, it is unlikely
that any significant archeological resources would be found.
9. New additions, exterior alterations or related new construction will not
destroy historic materials, features and spatial relationships that
characterize the property. The new work will be differentiated from the old
and will be compatible with the historic materials, features, size, scale and
proportion, and massing to protect the integrity of the property and its
environment. The proposed project will not destroy historic materials, features,
and spatial relationships that provide the historic character of these properties
along Broadway Avenue. While the addition will alter the spatial relationship
between this property and its neighbors and the broader historic district, the
presence of the 318 Commons building mitigates the additional building mass this
project adds to the district. The addition has been designed to be both compatible
with and differentiated from the property's historic elements.
10. New additions and adjacent or related new construction will be undertaken
in such a manner that, if removed in the future, the essential form and
integrity of the historic property and its environment would be
unimpaired. The essential form and integrity of the historic properties are being
preserved along Broadway Avenue. If the addition was ever removed, the historic
property and its environment would be virtually unimpaired.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2026.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2026.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)