EAST VILLAGE CONSERVATION DISTRICT FACES CHALLENGE

PLANS TO REPEAL OVERLAY DISTRICT MATERIALIZE
ALD. KOVAC SHARES DRAFT OF
NEIGHBORHOOD SURVEY
SOUGHT BY OPPONENTS
OF CONSERVATION OVERLAY DISTRICT
BUT BAUMAN SEEMS LIKELY TO BLOCK ANY CHANGE

Special to the Readers of Milwaukeeworld

By Michael Horne

And The Milwaukee World Hound Dog Team

I've been waiting for this since the Spring election of 2008 when Nik Kovac won the seat vacated by Ald. Michael D'Amato. Looks like the Alderman has some dues to pay to his supporters.

BACKGROUND

When newcomer Kovac first announced his candidacy veteran D'Amato was still thought to be in the race, and Kovac attracted the support of longtime D'Amato critics who opposed his sponsorship of the East Village Neighborhood Conservation Overlay District, announced here at Milwaukeeworld in April, 2004, approved by the Common Council on December 21st, 2004, and implemented on April 15, 2005.

The creation of the district led to bizarre charges in Federal District Court cases that were eventually resolved, exonerating the defendants, including D'Amato, (twice) developer Julilly Kohler and district originator Shirley Ferguson and other neighbors who favored the district.
The neighborhood is on the Wisconsin National Register of Historic Places.

In one of my rare forays into prophecy, I wrote in Milwaukeeworld in a March 30th 2008 post after the dismissal of one case against D'Amato:

"Let's see how newly elected Alderman Nik Kovac navigates the Pulaski Street Political Minefield, and if the threatened plans to repeal the overlay district ever materialize."

PLANS TO REPEAL OVERLAY DISTRICT MATERIALIZE

Late last night, at 11:30 p.m. Tuesday, May 5th, 2009, Ald. Kovac sent this draft of a proposed neighborhood survey to Ms. Ferguson for her suggestions. We'll see what she had to say in response in a moment, but first let's read some excerpts from the letter.

It begins with Kovac identifying the area of the district -- the river to the north, E. Brady St. to the south, on the west by N. Humboldt Ave. and on the east by N. Warren Ave., and identifies the "two main guiding principles of the Overlay:

• "exterior restoration should follow historic design principles particularly when applied to front porches, doors, windows, sidings and front lawns."

AND

• "the height and shape of new buildings should be limited to the predominant height of existing buildings and the existing lot configuration should be retained."
  

Kovac goes on to say:

• "the Overlay was controversial when first proposed and remains controversial to this day. On June 4, 2008 I attended a meeting of the East Village Association where the Overlay was discussed. Some at the meeting wanted the Overlay repealed, some wanted it preserved, and some wanted it reformed in various ways."

• "On August 15, 2008, my office received a letter which began, 'We the Board of Directors of the East Village Association hereby request that you as our representative to City government, take the necessary steps to repeal the East Village Conservation Overlay District.'"

So, instead of saying, "to hell with that noise," Kovac complied with the demands of the rump board of the Association, and came up with his draft survey nine months after the board vote cited. Sounds like somebody's putting some heat on him.

Ferguson replied to the alderman this morning, saying:

• "I believe that the current East Village Board of Directors have been, and will remain unconvinced that the East Village is a historic area with a rich history. Perhaps when you live so closely to a treasure sometimes you are blinded to its value."
• "The opposition's (the current board of directors) philosophy has always been that the housing in the East Village is old and tired, therefore 'tear it down.' Through misguided legal action they have tried to tarnish a courageous effort to protect and strengthen the very being of this Milwaukee historic area."
• " To recognize these disgruntled individuals again would be a miscarriage of justice and serve no worthwhile purpose."

Ferguson also shared these opinions with Milwaukeeworld:

• "I do think this is not something that needs to be done at this time - the wounds are just healing from the first battle."
  

ALD. BAUMAN STEPS IN, SUPPORTS DISTRICT

Shortly after receiving Ferguson's e-mail, Ald. Robert Bauman, one of the council's leading urbanists sent this response, which he copied to his fellow council members:

• "I strongly supported the conservation district the first time and will continue to do so. I would have supported an historic district. I believe the East Village is one of the most unique neighborhoods in Milwaukee."

Bauman is a member of the City's Zoning, Neighborhoods and Development Committee that would hear any challenge to the district. He would presumably use his influence on the panel to convince other members to resist repeal of the district. In fact, Bauman's response seems to indicate any challenge to the district might result in a more restrictive Historic District designation.


THE EFFECT OF THE DISTRICT ON THE AREA

Overlay district opponents often used 19th century property rights arguments against the district, and their dire warnings of ruin have not come into being. A number of signs show the district to be working.

• Two homes on E. Hamilton St., severely damaged by fire, were rebuilt to the same size and scale. Prior to the creation of the district, they would have almost certainly have been razed, the two parcels combined, and a much larger building would have been built. (And would probably remain vacant to this day.)
• A home on N. Pulaski St. is just one in the district to have been completely renovated according to the guidelines.
• A new home on E. Kane Pl. was constructed according to the guidelines.
• A multi-unit development on N. Warren Ave. has been completed according to the guidelines.
  

KANE COMMONS PROJECT NEARS COMPLETION IN OVERLAY DISTRICT

Perhaps most significantly, Julilly Kohler is developing Kane Commons on the Milwaukee River in the 1100 block of E. Kane Place. The 13-unit development includes Milwaukee's first straw bale home (built for the developer), geothermal heating, green roofs and other green amenities.
She locally sourced much of the development, including buying many kitchen and bath fixtures from a manufacturer in Sheboygan County.
The project is being constructed according to the Overlay District guidelines.
The two existing buildings facing Kane Place at the site have been preserved and rehabilitated, a new single family home on the street has been built according to the guidelines, and one more lot on the street awaits development.
The very deep lot, which extends to the river, far below, includes a number of buildings not visible from the street, and exempt from the overlay guidelines.
However, they are being constructed to an exacting design and LEED standard, and advance the Overlay District's goal of quality development.

GREEN ROOFS FOR KANE COMMONS COMING TUESDAY

[Julilly Kohler called this morning to say the cranes will be on site and 5 green roofs will be installed on the Kane Commons project next Tuesday, May 12th, 2009. Send me a message if you want to check out the activity. There should also be some good sightlines from across the river. --Ed.]

[Dave Reid photo.]