All structures inside our Heights area historic districts are affected by the Historic Preservation Ordinance (HPO) which was approved on October 13, 2010, regardless of age.  Just being located in a designated historic district means you must abide by the HPO, even if your home was built last year.

Reading the official HPO adopted October 13th, 2010 makes me experience a déjà vu similar to shopping for home insurance.  Some policies sound great and  tell you what they cover, while others tell you what they don't cover. 

Hmmmm....has anyone ever felt that sinking feeling when you call your insurance company because you have had an unfortunate event only to have the agent recite what your policy covers and so you are out of luck because your particular circumstance isn't mentioned?  That is exactly how I feel when I read from the City of Houston website at http://goo.gl/SMhD.  As one Heights' resident summed it up so succinctly, the devil is in the details.

When I drive through the Houston Heights and  I see a yellow sign in front of a house that is in violation of the ordinance, I choose to believe chances are greater the homeowner is misinformed or uninformed about what the ordinance really means than the homeowner is a hypocrite.  Blue signs represent my view, the view of Responsible Historic Preservation, website at www.responsiblehistoricpreservation.org.

I decided one of the easiest and fastest ways to help people understand some of the HPO would be to take pictures of houses in our neighborhood and then comment on them in relation to the HPO that now governs these same houses.  All homes pictured below are in Houston Heights Historic District East, West or South. 

Signing the petition and saying NO to the HPO does not mean we have to say NO to preservation.  I don't  know anyone who isn't for more restrictions in the Houston Heights, but let's change our current restrictions to best serve OUR neighborhood.  Let's not go backwards, back to a time just 10 short years ago when it was hard to capture buyers for the Heights.

To this day, as a Realtor, I still talk to buyers who are relocating from other cities and their co-workers are telling them they don't want to live in the Heights....I still have to overcome this challenge in 2010!  Not near as frequently as I did in 2001, but I want to reach a day when I am not having that conversation at all.

I'm a little scared to be so brazen, but I'm more scared of what the the HPO means for our neighborhood, so, here goes....

In order to cut through the misinformation, I have noted the exact paragraph of the HPO for each photo.  The Historic Preservation Ordinance as Amendended dated October 13, 2010 can be found at http://goo.gl/Q1cP. 

I haven't spoken with anyone who is against putting tougher density restrictions on our neighborhood to prevent this from happening.  Any current minimum lot size and building setbacks would remain in place if the HPO is repealed.  Let's put together tougher restrictions that will work better for our neighborhood and not hinder its growth like I fear the HPO will.  This opinion comes from talking to lots of buyers because yes, I am a realtor.  Part of my job is understanding what buyers want.

I love this home.  It reminds me of my grandparent's home in Little Rock, Arkansas built in the late 1800's where my grandmother would bake fresh bread and cakes when we visited from Texas.  Except it has been altered to meet our needs this century.  

Can you do this now if you buy a bungalow in the Heights Historic District?  It depends.  Per Sec. 33-241 (b) (1) a. An addition taller than any point of the roof of the structure can not encroach onto the front half of the existing structure and (2) a. The addition can not encroach into the front 30% of the property.




I know some people don't like the recent construction homes built two on one lot, but they have been instrumental in bringing new people to our neighborhood and schools because they provide today's buyers what they are looking for: a home large enough for them to live in at a price they can afford.  To build this house on a 6600 sq. ft. lot would put it out of the price range for which they can obtain lending approval.  I understand not wanting a single house on a 2500 or 3300 sq. ft. lot, but I also understand  how instrumental all these new residents have been in turning our schools around right here in the Heights.  Most of our schools are experiencing growth in enrollment and increased test scores and most people agree this is due not only to our wonderful teachers and principals, but also to the change in demographics in our neighborhood.



Another example of a recently constructed home that can no longer be built under the HPO.  We are making such great progress in our schools because our neighborhood is attracting growing families.  What will happen now?

Want to build either of these two-story homes on these lots today?  Denied.  Since homes were not built on these size lots originally, it is no longer allowed today under the HPO.

Who determines what this is?  The HAHC.  What is that exactly?  See Sec. 33-211, pg. 7.  It is 13 members who have knowledge and experience in the archaeological, architectural, cultural, social, economic, ethnic or political history of the city.  The 13 members of the HAHC are described in Sec. 33-211 (b):

Members 1-9 below are appointed by the mayor, subject to confirmation by the city council.  Members 10 - 13 are appointed by the city council.  Terms of each position are 2 years and shall hold over until the member's successor is qualified and they serve without compensation. 

1.  Professional archaeologist
2.  Professional historian
3.  Architectural historian
4.  Representative of a cultural history organization
5.  Registered architect
6.  Representative of an organization for commercial businesses
7.  Professional real estate appraiser
8.  Representative of an organization for remodelers or builders
9 - 13.  Citizen representatives, of which at least 4 shall own or reside in a historic landmark or contributing structure in a designated historic district

Keep in mind, none of these people may live in your neighborhood. 



Want to do this today with your single story home?  Denied.  Why?  In order for a house to be altered like this, under the HPO, an addition taller than any point of the roof of the structure can not encroach into the front half of the existing structure and the plate height of the addition (distance from the subfloor of the building to the top of the framed wall) can not exceed 1.25x the plate height of the existing structure.  The roof of the new addition can not deviate from the roof pitch of the existing structure.  See 33-241 (b) (1), pg. 26.

This home is striking, but shouldn't I be able to remove one of the front doors if I don't want to use this as a duplex?  Can't under the HPO.  It has already been tried on similar homes and denied. 

And how about this beauty?  These homeowners were denied a COA this year to build the 3rd gable you see here.  How were they able to do it?  At the time, they could wait 90 days and do it anyhow...not now.  This 3rd gable addition the owners wanted to add so they would have bedrooms for their children was denied because it was not in keeping with the style of architecture from the time period.

Correction:  The project architect clarified this incident for me:

As the architect of this addition (14th and Harvard), I would like to correct your misstatement about this project.   First of all, the project was not denied a COA as you wrote on your blog.  It did receive a COA.   However, the COA was not granted without a fight, as Randy Pace recommended against awarding a COA.   Fortunately, cooler heads on the commission prevailed and the project was awarded the COA.   As a coda, this project won this year's Houston Heights Community Improvement Award.

This is still interesting to me.  So a project that won our Community Improvement Award was initially denied a COA.  Time, energy and $$ had to be spent to fight and eventually receive the COA. 

I love this house!  I think the carport is a really smart way to provide shelter for your car.  I love the way the columns for the carport were done to match the front of the house.  How beautiful is that?? 

Can I do the same thing to a bungalow I buy now in one of the Heights Historic Districts?  No.  This type of alteration would be denied and not receive a COA per Sec. 33-241 (b) (2), for new additions that are not taller than any part of the roof of the structure and are adjacent to the sides of the front facade of the existing structure, the new addition conforms to the following standards:  a.  The addition does not encroach into the front 30% of the total depth of the existing structure.
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Below are just a sampling of properties throughout our neighborhood's Historic Districts that are in violation of the HPO, per Sec. 33-254, pgs. 35-36.  Per the HPO, the owner shall not permit their structure to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature. Just to name a few repairs that this covers, an owner shall repair a deteriorated or inadequate foundation, roofs which sag, split or buckle due to defect or deterioration, deteriorated, crumbling or loose exterior stucco, mortar or siding.  The department shall investigate complaints (these can come from your neighbors or anyone) regarding deteriorated or poorly maintained contributing structures and may refer complaints to the appropriate city department for investigation. 

If repairs are required, the property owner must develop a plan acceptable to the director to remedy the contributing structure within a specified amount of time, including plans to obtain any required COAs and other city permits.  Failure to prepare a plan acceptable to the director or comply with the provisions for an approved plan shall be a violation of this article. 

Keep in mind, per Sec. 33-203 (c), pg. 6, Any person who violates any provision of this article shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $500.00 for each violation.  Each day during which any violation of this article continues shall constitute a separate offense. 

This may sound like a great idea to bring these properties into a  nicer condition, but think about it.  Look at the closeups.  Either these owners don't have the money, time, energy, knowledge or some other required resource to make this happen.  While the city may not fine them, they can.  That is what this ordinance says.  So before the HPO, if these homeowners wanted, they could simply go out make any repairs they desired.  Now, per Sec. 33-236 (b), pg 21, no person shall alter, rehabilitate, restore or construct any exterior feature of any building, structure or object within an historic district without a COA.  This applies to all structures in the historic district, not just the older homes you might think.  This does not mean a homeowner has to obtain a COA to repaint their home, but to replace rotten siding or windows, change a front door, remove an extra front porch door, replace a rotten porch column, construct a porch, etc., a homeowner will have to make application for a COA per Sec. 33-238, pg 22. 

Want to replace rotten 117 wood siding with hardiplank because you're tired of replacing rotten wood or you want your homeowner's insurance to go down or just because you want to?  Denied.  Denied just last week to a Heights' homeowner who tried to do the same.  Why?   Per Sec. 33-241 (a) (6), New materials to be used for any exterior feature excluding what is visible from public alleys must be visually compatible with, but not necessarily the same as, the materials being replaced in form, design, texture, dimension and scale.  Hardiplank doesn't come in any form matching 117 siding, the same type as are typical in many of our Heights' bungalows.



So let's think positive and assume the city won't fine the homeowner for allowing their home to fall into disrepair.  What will happen?   While no one has a crystal ball, let's think about what used to happen prior to the HPO.  At some point, many of these homeowners would sell their homes.  The buyer would either renovate the  structure into something families circa 2010 want to buy.  If the structure was tiny, this might have involved enlarging the structure to allow for the addition of a bedroom or bath room.  If the structure was beyond repair, meaning it didn't make economic sense to replace what was there, it was demolished and usually a Heights-like house was built in it's place. 

Fast forward to NOW....if the structure is a contributing structure like these pictured below, the HPO severely restricts what can now occur with these homes.  If the home is in such poor condition that it costs much more to fix it up than it does to demo it and start over, who is going to buy it?  If no one buys it and the owner no longer lives there, does it not become a potential hang-out for undesirables?  If there is anyone reading this who thinks this is far-fetched, please call me.  I'll put you in touch with people have had the pleasure of dealing with just this type of situation.

How long would it take before the structure became so bad that the city demolishes it?  And let's say they finally reached this point, now you are dealing with a vacant lot for 2 years. Why 2 years?  See Sec. 33-203 (d), pg 6. If a contributing structure located in a historic district is demolished without a COA , or is demolished by the city for public safety reasons, the building official shall not issue a building permit, and no other person shall issue any other city permit, for the site for a period of 2 years after the date of demolition. 

Anyone had the experience of keeping a vacant lot mowed? 





Replacing the detiorating columns below will will require going before the HAHC to obtain a COA.  Want to renovate this house and remove one of those extra porch doors?  Similar request have been denied by the HAHC.

Want to spiff up your house by changing out the current balustrades or adding a front porch rail?  Per Sec. 33-236 (b), pg. 21, no person shall alter, rehabilitate, restore or construct any exterior feature of any building, structure or object within an historic district without a COA. 

Make your application per Sec. 33-238, pg. 22.  And present it between Monday and Friday 9am - 5pm.  And the burden of proof?  It is on the applicant, Sec. 33-240 (b), pg. 25.  And if you don't like what they decide?  You can appeal, but you can not be speak or provide additional testimony.

Want to keep these things from happening in our neighborhood?  There are 20 days left!  Sign the petition and fax back to me at 866-552-6180 email to cynthia@cynthiamullins.com   or come by the Boulevard Realty office at 1545 Heights BEFORE NOVEMBER 17th! 

Obtain petition and maps of the Heights Historic Districts at http://goo.gl/Sabk.

More pictures of what you can't do....along with pictures of what you CAN do at  http://goo.gl/bjNu5.

To how being a historic district has helped or hurt the Old 6th Ward, visit http://goo.gl/OXLmF.

Only one chance to  opt out of the Historic District, many chances to opt in! http://goo.gl/lzT67
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