The Heights Historic Districts

[fwki]

Flame away dude....the HAHC video says it all and you have no rational defense for the words and actions of your friends in their echo chamber.

[samagon]

Calling the HAHC "fascist" or comparing them to Nazis is so indefensibly over the top.

 

That particular line is indeed indefensible, and I'd agree it's indefensible because it is over the top talking point, which shouldn't have really been taken as more than a frustrated outburst.

 

More worryingly, all of the less over the top accusations of the HAHC are indefensible as well. That's because what they are being accused of is what people were afraid they were going to do with the wording of the Ordinance, and it's all coming true.

[TGM]

Point taken on the Nazi references. It's old hat and over the top.

I will apologize in advance to anyone of Turkish background for my substitute phrase to describe the members of HAHC.

I'm offering up the term "Byzantine" as I think it fits rather well.

Byzantine definition

jargon, architecture

A term describing any system that has so many labyrinthine internal interconnections that it would be impossible to simplify by separation into loosely coupled or linked components.

The city of Byzantium, later renamed Constantinople and then Istanbul, and the Byzantine Empire were vitiated by a bureaucratic overelaboration bordering on lunacy: quadruple banked agencies, dozens or even scores of superfluous levels and officials with high flown titles unrelated to their actual function, if any.

Access to the Emperor and his council was controlled by powerful and inscrutable eunuchs and by rival sports factions.

[Edward Gibbon, "Decline and Fall of the Roman Empire"].

(1999-01-15)

[RedScare]

This is exactly my point. The anti-historic district people have done nothing from the beginning but gone all talk radio on this issue without providing anything constructive to make the process better. At least RUDH produced a lengthy document of proposed changes to the Walmart development while simultaneously opposing the same and refrained from the completely off the wall accusations and name calling that have come from anti-historic district people.

Calling the HAHC "fascist" or comparing them to Nazis is so indefensibly over the top that it shows that those opposing the districts have nothing but an irrational hatred for any sort of land use restriction that is not based on an particular set of principles, but, instead, comes from the same sort of inflamatory talk radio garbage that appeals to a small minority of people. Last I checked, Nazis and facists did not provide the right to appeal their decisions to a democratically elected counsel with a further right to challenge that body's decision to a democratically elected, independent judiciary. But, of course, those facts do not matter when you are practicing irrational ideological zealotry. Demogoguery plays well inside the echo chamber of the anti-ordinance supporters. But it completely turns off anyone who might be on the fence and just reinforces the determination of supporters.

 

Faux outrage becomes you.

 

It is no surprise that you would fixate on a little wordplay in order to deflect attention away from the fact that your favorite government bureaucracy is doing exactly what we predicted they would. I don't blame you, though. If my favorite bureaucrats had dropped me in the grease as HAHC has done you, I'd not want to defend them either.

[fwki]

It sounds like the Kelmans are appealing the HAHC denial of CoA to the City Council.  From their petition on Change.org:
"...We appeal to the City of Houston Feb 14, so the more signatures we get, the merrier.

Please send the petition along if you care about historic preservation and restoration for growing families."

Or if you more generally care about the history, culture and Charter of Houston, Texas write an email to your Councilman, especially if you are represented by Ellen Cohen in the HD.  This is a chance to expose the ordinance for the toilet tissue it was predicted and now is shown to be.....a poorly crafted zoning ordinance that simply transfers power and money from citizens to government and accomplishes nothing of lasting value for our City.

 

[briekelman]

Hi everybody! I am the owner of 1207 Harvard, Brie Kelman, who was in the tragic video posted earlier. I didn't know about this site until a day or two ago, when I was pointed to it from a fellow Heights mom I have never met on the Heights Kids Group site. WOW - HOW GREAT IT WAS TO FIND ALL OF YOUR SUPPORT AND COMMENTS! Thank you so much! I am amazed, flattered and grateful for all of your thoughtful comments and support.

 

Our appeal to the City of Houston takes place at 2:30 pm on Feb 14, and is an open, public meeting. Please come to support us! I spoke with one of the commissioners ~a week after our denial, and he said that they only hear from neighbors that are complaining about bad development or developments that are too big. He said that if there are neighbors that feel differently, they would love to know that b/c they don't want to act in isolation, differently than the neighborhood wants. Therefore, it would mean a LOT to have any of our supporters there in person and would have a huge impact.

 

WHEN: Feb 14 at 2:30 p.m.

WHERE: 900 Bagby St, Houston TX 77002, City Council Chambers, City Hall Annex

 

Also, you can help by sending the petition along if you care about historic preservation and restoration of neglected properties. I just updated it so that it will be sent to the mayor and ALL city council everytime someone signs. It seems to be working....I had no idea how much impact a simple, online petition made by little old me could make!

I have also recently updated the facebook album for photos of the house (as-is), as well as the proposed (currently denied) plans, as well as a few design inspirations:

https://www.facebook.com/media/set/?set=a.412758375469031.91045.412263832185152&type=1

 

Again - THANK YOU, THANK YOU, THANK YOU! I can't reiterate enough how shocked and grateful I was when I read through the multiple pages of comments, and I didn't know the video existed until finding it on this site. My husband was traveling for work, so he hadn't seen anything until I found it on this site (not that it made it any easier for him to watch!).

 

p.s. here is a link to the petition in case you haven't signed:

http://www.change.org/petitions/houston-archaeological-and-historical-commission-hahc-approve-application-to-restore-my-1920-home-that-has-been-neglected-for-yrs

Edited February 5, 2013 by briekelman

[fwki]

Welcome to HAIF Brie!  And not long from now I hope to also welcome you to 1207 Harvard St in your beautifully restored home, just as you designed it.  I drove by the other day and there are many beautiful homes right on the street that yours will complement nicely. 

 

 

Also great job with the faux historical commission.  Your composure and class contrasted the spineless leadership and arbitrary actions of that political body, owned and appointed by our mayor.  Your coup de grace was after your $/sf arithmetic baffled Commissioner Elliot, self-proclaimed preserver of smallness, and he recommended you go the demolition route.....astonished Brie responds "But I don't want to demolish it, I want to keep it."  That says it all about the failure of the Ordinance and this Committee to serve the best interests of the citizens who bear all of its costs and must live among the far-too-numerous architectural mistakes of its misguided script.

[RedScare]

GOOD TRIUMPHS OVER EVIL

 

 

Though I got caught in court and could not make it to City Council this afternoon, I am happy to post this email I just received from Briekelman...

 

 

 

WE WON!!!!!!!!!!!!!!!

THANK YOU SO MUCH EVERYONE! THIS WAS SO EFFECTIVE!!!!

This message is from Brie Kelman who started the petition "Houston Archaeological and Historical Commission (HAHC): Approve application to restore my 1920 home that has been neglected for yrs," which you signed on Change.org.

View the petition  |  View and reply to this message online 

 

 

Congrats, Brie. You never let the preservationists get you down.

[briekelman]

WE WON!! thank you SO SO SO much for all of your help! Especially a great shout out to Fwki - he was a rock star and did such a wonderful job! Thank you so much; I owe you a serious beer. 

[Heightsite]

Congrats & welcome to the hood! A most welcomed addition. Good luck renovating! Can't wait to see your good works.

[jamesw]

That is great news!  Sorry I couldn't be there yesterday too.

Cheers

James - your future neighbor

[Marksmu]

Congrats!  I wish I could have been able to help you out.  I am just ecstatic for you that you won.  It would be helpful to everyone in the future if you would post, or at the very least memorialize exactly how much extra time and money it cost you to fight the fascists.  That way future individuals doing searches on this topic will know exactly what they are getting themselves into.  Being as subjective as the ordinance is it would be very useful information to others.  I would guess you spent quite a bit of extra money and countless hours...but I would still think it would help others if you can count those countless hours and the dollars!

 

Congrats again!

[barracuda]

I agree with the others....congratulations! I'm really confounded as to why HAHC tried to change the rules mid-game regarding the second-story setback, rather than adhering to the stated ordinance. It's great to have opinions and all, but their ruling seemed to had no basis and defied any common sense. Good luck with your home! 

[SilverJK]

Congrats on convincing the historical committee to allow you renovate and save your home instead of their recommendation of demolition.  It absolutely sickens me that this happened in the first place, but its nice to see right beat wrong. 

[briekelman]

Hi everyone, I'm not sure how long this link will work, but here is the video from the appeal yesterday. Justice prevailed!

 

http://houstontx.swagit.com/play/02142013-565

 

Click on Item V.

Edited February 15, 2013 by briekelman

[Heights Homeowner]

Another astounding HAHC meeting today. Won't get into details but honestly, these folks are making an easy case for overturning/overhauling the ordinance. They have no idea what they are doing. They have no idea what the ordinance says. They have no idea about what design is all about. Clueless. Even funnier is they look like buffoons because they can’t even keep track of the things they have already voted on as a part of the consent agenda.  They are a kangaroo court of bumbling idiots whose day is coming in the not too distant future.

 

Best decision – to deny a two story house a two story addition – and said if the house was new, they would allow it?!?!?!?! 

 

Most comical – requiring a non-contributing house to use contributing materials and design on work that was done without a C of A or permits. 

 

I’m not sure they understand that the law takes a dim view of things that are administered as arbitrary and capricious as the rulings they make.  I think any judge watching any HAHC meeting would be shaking his head in absolute amazement that this is going on in the 4^th largest city in the US.  It’s a total joke without the laugh.

[fwki]

I just got the latest DVD from the kangaroo court's March meeting. Houston Planning Director Marlene Gafrick opened the meeting by formally repudiating the published Heights Design Guidelines formerly used by her staff to assess Heights CoA's. Heightstonians are now officially flying blind on property investments with the worse yet to come.

I'll post a YouTube tonight.

Edited April 9, 2013 by fwki

[heightslurker]

Yes, beyond the usual insanity that occurs at the HAHC meetings, I was happy to see Sue Lovell (former city council member) stand up multiple times at the March meeting to support the homeowners in front of the board.  It's worth a watch.  I am not sure who contacted her and coordinated this effort but ......thank you whoever you are!  She was one of the few sane voices there and had many good points to make.

[RedScare]

Crazy to see Sue Lovell, who was instrumental in shoving this ordinance through, now claiming that it isn't being used correctly.

[s3mh]

On the legal front, the lawsuit was amended and dropped all claims seeking to invalidate the historic ordinance.  This was in response to the City's plea to the jurisdiction.  They did not even try to respond to the plea to the jurisdiction.  All claims are just for money damages for the named plaintiff only (they added a takings claim and kept the equal protection/due process claim).  The claim is that they were damaged by not being able to get more money for their property had they been able to tear it down.  Of course they do not claim that they applied for and were denied a permit to tear it down.  And the property was renovated and sold for over $800k. 

[heightslurker]

regarding the "official" guidelines they are working on, I simply can't WAIT to see what they come up with now that the 90 day waiver period was taken out of the ordinance.  In the March meeting, one of the board members actually admits that their decisions, prior to the 90 day waiver period being axed, are different from the ones they make now.

[heightslurker]

for anyone interested in following this...

 

at the March HAHC meeting, a homeowner wanted to replace their old windows with new, identical looking, wood windows and were denied.  They wanted energy efficient windows so that the money they were spending on the new Hvac wasn't literally seeping out the old windows. I think most of us thought in the early days of the ordinance (or maybe it was just me) that you could replace your old windows with identical LOOKING wood windows (that were operable and energy efficient, etc) and that would be fine, within the ordinance.  

 

It's my understanding that the HAHC granted window replacement with identical looking wood windows before the 90-day waiver period was abolished.  Now you have to jump through all sorts of hoops to prove your windows are damaged.  (i'm not saying they never let people replace windows now...they allow a few here and there....but I personally feel like they have never seen an old window they don't think is un repairable...and technically, there aren't any...you could patch and fill and rebuild until the cows come home...that's not the point.) Never mind the argument you want modern functioning, energy efficient windows.  They are seriously suggesting people put up storm windows to help with that? So you now have to decide if you want energy efficient windows or the ability to open them on a day like today?  Oh, wait......let me take off my storm window, put up my screen...wiggle this stubborn window open......give me a break.

 

Maybe I should go buy a home in Katy instead...obviously I don't deserve my old house.

 

Anyway, this homeowner appealed to the planning commission (April 11th meeting) and there was some good discussion.  The matter has been deferred for two weeks so the homeowner can show pictures of how the new windows will be identical and if her windows are operable.  I really think the decision the planning commission makes is going to be important.  Important because the HAHC is expecting people to live in the past and that's ridiculous.

 

 

Edited April 19, 2013 by heightslurker

[fwki]

In this video you can see Gafrick's & her staff's dishonest Modus Operundi with regards to window replacement.  She lies on a regular basis to saps in the Districts; now that I figured out simple editing, more videos to follow demonstrating The Big Lie as it unfolds.  I'm going to the Planning Hearing and tell her to her face.

[fwki]

Here's the one I promised back in post #1046, The Design Guidelines Lie.

 

[RedScare]

Impressive editing! I expect a full length feature film soon, maybe documenting the struggle against the oppressive government and its moles!

[fwki]

Oliver Stone's JFK won the Oscar for Best Film Editing, we have to hook him in for that one.

[briekelman]

Great videos fwki!

 

Here is a video of the window appeal to the Planning Commission, heightslurker mentioned, where they deferred it to this coming Thursday, April 25.

 

http://houstontx.swagit.com/play/04112013-589

      Click bottom: Item III - Consideration of an Appeal of the Decision of the HAHC

 

Everyone, we need to rally the troops and come out to show our support for this poor lady Thursday, April 25. The ordinance CLEARLY states that replacing your old windows is ok, as well as Marlene Gafrick herself on 3 different occasions: 1) in the 2010 Woodland Heights video posted by fwki 2) at the HAHC meeting where they denied the owner, and 3) during the appeal to the Planning Commission. At the appeal, there were SEVERAL people who came to show opposition to the applicant replacing her windows. We need to counter them by showing our support in person. One of the people who talked against her lives in a THREE-STORY 1996 house at 16th and Arlington....really, you can have new windows and she can't?!? Who are you to say that old windows are better and more efficient than new ones when you have new ones yourself! Hypocrite! The only thing we can do to help is show up to speak in support of letting people do what the ordinance clearly allows them to do. I own 2 homes with 1920 windows, and I like how they look personally. However, I don't like that they don't open and cost me a fortune in energy....not to mention the fact that my preferences have nothing to do with another person's ability to do what they want if they are following the ordinance.

 

Also, this is even MORE important b/c the ordinance clearly states that if the Planning Commission denies you, you can appeal to City Council. HOWEVER, Marlene opened the meeting saying that the Planning Commission's decision will be final b/c the applicant didn't request a court reporter for the Planning Commission meeting. She said that they notified the applicant about the court reporter in writing. This is simply not true - the applicant had never heard anything about a court reporter until the Planning Commission meeting. It is COMPLETELY unfair and WRONG to deny somebody their rights to appeal to city council, especially when this is actually outlined very clearly in the Ordinance (unlike other subjective parts).

 

I will be there, and I hope to see you there too. This is just not right.

[Ross]

You know, I find it very hard to believe that the self righteous busybodies on the HAHC and planning commission are wasting my tax dollars discussing stupid crap like this. Let the property owner decide what is appropriate for their situation. If the property owner wants to replace all the windows, even if it isn't economic, so be it. We replaced all the window in our Timbergrove house, and you know what, it's far more comfortable than with the old ones. We will never pay back the cost with the savings, but we are much happier. The reduced noise is great too. If this was my house, my 10 year old would have a tantrum involving a hammer and all of the windows and frames. There would be no possibility of repair. I think the solution is to just demo all the windows and ask the commission if they are going to force you to not replace them.

 

 

[s3mh]

In this video you can see Gafrick's & her staff's dishonest Modus Operundi with regards to window replacement.  She lies on a regular basis to saps in the Districts; now that I figured out simple editing, more videos to follow demonstrating The Big Lie as it unfolds.  I'm going to the Planning Hearing and tell her to her face.

 

Where is the lie?  The guy asks about replacing rotten windows.  The response is that you can use new wood windows to replace rotten old windows and that would just be considered a repair.  They did not say that you could just decide that you wanted new energy efficient windows and rip out all of your windows without needing a COA.

 

They could require you to rebuild rotten windows to be identical to the originals.  The Sash Guy does that and does beautiful work.  He also can add insulation to the windows that make them comparable to the new energy efficient windows (superior in terms of cost recovery as the new windows are very expensive compared to what the Sash Guy charges to rebuild and insulate existing windows). 

 

Windows are an important architectural element of the historic housing. The replacement wood frame windows that people are using are very different from the original windows. The old windows can and should be preserved. 

[RedScare]

They could require you to rebuild rotten windows to be identical to the originals.  

 

Translation: You think living in Russia is bad? We could force you to live in China, instead!