Realtor Mullins' response to Mr. Smulian:

I appreciate Jonathan Smulian's comments regarding my blog entry http://goo.gl/fUBN.  Anyone that knows me knows how I am always trying to be more educated in many different areas and am open to constructive criticism.  As an author of the design guidelines that went into effect in December of 2008 and which apply to the Houston Heights, he is certainly a wealth of knowledge.  Has he spent as much time as I have representing buyers and listening to their likes and dislikes regarding our Heights homes as I have?  Has he spent as much time as I have chasing down buyer's comments and feedback about their likes and dislikes for a seller's home in the Heights?  On that subject, I believe I am a wealth of knowledge.  With all due respect, I will address each of Mr. Smulian's comments.

JS 

Unfortunately, Realtor Mullins has completely misinterpreted the ordinance with her blog post. Using a professional blog to disseminate this incorrect information to residents is inexcusable.

CM
In my opinion, my information is correct, which is why I wrote the exact paragraph number with each entry in regards to each photograph.  And as a Realtor, I see many homes and interact with many buyers and sellers, more than the average person.  As such, I felt strongly enough about what I believe these changes mean to the Heights housing market to address it in my blog, which is about Houston Heights area real estate specifically, as opposed to the Houston area in general.  For the half of my article that you did not comment on, can I assume you found those points satisfactory?

JS

Here's the truth:

The setbacks for second stories, height and side additions to a historic house detailed in Sec 3-241(b)(1) apply only in specific situations and were requested by the builders who wanted some predictability.

CM

My comments are based on home owners’ previous experiences with obtaining a COA from the HAHC in addition to what is written in the HPO Sec. 33-241 (a) (8):  Proposed additions or alterations must be done in a manner that, if removed, would leave unimpaired the essential form and integrity of the building, structure, object or site. 

This ordinance is driving new additions to be made to the rear 50% of the original structure and instead of a camel back on top of the current structure; you end up with a structure that preserves the front 50% of the home while occupying the space that used to be the back yard. 

Builders are not the only ones that want predictability.  Buyers want it also.  Ask the sellers that have already received lower offers because the buyer told them that without knowing for certain what would happen in front of the HAHC, they were only willing to do X.  X is less than they were willing to do if they did know for certain what they could do.  Uncertainty = less $$ the buyer is willing to pay and less $$ the seller will see in his pocket.

 JS

An application that meets these criteria must be approved by the historic commission. If a different sort of addition is being proposed, the HAHC will review the application on the basis of criteria in Sec 33-241(a).

CM

See my comment above.

Of all COA applications submitted since 1995, the HAHC has approved 86%.

CM

Personally, I'm not interested in all COA applications submitted since 1995; I'm only interested in the COA applications for my neighborhood.  Would it be possible for you to provide the percentage of COA applications approved in the Houston Heights East, West and South since their inception?  What percentage of COAs were obtained on the first attempt, what percentage took more than one attempt and what percentage were denied.  That number would be more meaningful to me.

JS

Based on the design guidelines for the Houston Heights Historic Districts, the two examples on page 2 of Ms. Mullins post would likely be approved.

CM

Regarding photo 1, I didn't say anything about design guidelines or approval of anything for photo 1.  I took that picture because I know density is an issue for lots of people, including myself.  Did you read the words that went with that photo?  They are: 

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.

To find out in your opinion this type of construction would be approved, well then that is yet another reason this HPO we are now governed by is not the right guidelines for our neighborhood.

Did you read the words that went with photo 2?  I wrote: 

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 cannot encroach into the front 30% of the property.

If you will notice, I wrote IT DEPENDS.  I wrote those words specifically because I did not physically get out of the car and go measure to see if the bump-out to the side was in the front 30% of the original house or if the 2nd story encroached on the front 50% of the original structure.  It looked like it probably did, but without measuring, how am I to know?  What I wanted people to think about here was, if you need to bump out that 2nd room back, usually the middle room of an old home and that room falls anywhere in the front 30% of the house, it can't be done now.  Is this incorrect?  Please advise. 

JS

Likewise, the two-story homes pictured on page 3 or 9, also appear to be compatible, and would likely be approved.

CM
I mean this kindly, but again, did you read the words that went with the photo? I talked on page 3 about the fact that you can no longer build those 2 story homes on a 2500 – 3300 sq. ft. lot.  To build this home now, it has to be on a bigger lot, not a 5000 or 6600 sq. ft. lot that was split in two.   The HAHC has already denied multiple times building a two story home on this lot size typical in today’s market, something that has been done commonly in the last decade and has been instrumental in turning our neighborhood around and improving our schools by bringing younger people and families to the area.

I am not sure what you are referring to on page 9 because those photos were showing dilapidated houses and discussing how the ordinance affects them. 

JS
On page 4 of 9 the height restriction Ms. Mullins mentions only applies to the criteria in Sec 3-241(b) discussed earlier that requires mandatory historic commission approval. Therefore, the house Ms. Mullins uses as an example might well be considered appropriate.

CM
Your words MIGHT WELL BE are the crux of the problem.  If a gentleman, who lives in the neighborhood, authored the design documents, and probably knows some of the 13 members which constitute the HAHC aren’t sure about the outcome of the committee’s decision, how can a homeowner know when they buy the house?  That uncertainty costs $$ money $$.  And it can cost large amounts of money.  Just ask Heights’ residents that have been through the process.  What do you say to the seller who is now being offered tens of thousands of dollars less for their property because when the buyer backs out the uncertainty, he arrives at a lower price that he is willing to pay?  And will that uncertainty go away in the future?   No.  It will be there as long as a property owner has to gain approval from a committee like the HAHC.

If you haven’t heard first-hand from some of the homeowners and the challenges they have been dealt by this HPO, please see http://goo.gl/QSHn to see two different personal accounts and http://goo.gl/Sabk to read a detailed account of what another homeowner has experienced.

JS
The addition for the remodelled church was approved by the historic commission and there was no 90-day delay. Ms. Mullins' statement to the contrary is flat out untrue.

CM
You are correct.  I stand corrected and thank you for letting me know.  The architect also emailed me.  Here are his comments:

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.

CM
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.  Again, this is the crux of the issue. 

JS
Finally, based on the guidelines, the house with the car- port on page 5 of 9 appears to be perfectly compatible and, again, a mandatory height restriction would not apply.

CM
Are you saying that home owners can build carports onto the front 50% of their original home and it will be approved by the Historic Preservation Officer and subsequently by the HAHC?

continued at http://goo.gl/oajp
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