Department of Community Development
Reference: 141 South 3rd Avenue Historic Landmark Designation
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, AICP, Senior Planner - Historic Preservation
Date Prepared: January 22, 2024
PURPOSE
In order to proceed with the designation of the above-referenced property (the “Property”) as a historic landmark, the Brighton City Council shall review the nomination and application for designation as a historic landmark, conduct a public hearing, and approve a nomination ordinance.
The Land Use & Development Code (the “LUDC”) outlines review criteria upon which the decision shall be made. An ordinance to designate the site must be approved by City Council. City staff collects and analyzes application materials, and after a thorough review, presents their findings to the Historic Preservation Commission and, thereafter, City Council. Requests to nominate a historic landmark are brought before the Historic Preservation Commission for their recommendation prior to review and final determination by the City Council.
BACKGROUND AND HISTORY
The Property was originally owned by Brighton founder Daniel F. Carmichael. In 1887, the year of Brighton’s incorporation, Carmichael platted the land now known as the Walnut Grove Addition, as one of the first platted neighborhoods in Brighton. After this, the land was purchased by numerous parties before any structure was built on Lots 29 and 30 of Block 14.
Finally, in 1921, Ella and Thomas Miles purchased the Property. The house was completed between 1921 and 1923. Thomas Miles was a farmer in Brighton prior to purchasing the Property. According to Brighton City Directories, while the Miles family lived in the house, Thomas worked as a realtor for the Brighton Realty Company. While living in the house, Thomas passed away. He died in 1940 and is buried in Elmwood Cemetery.
In 1942, the Wagner family purchased the home. Katherine and Philip Wagner lived in the home with Katherine’s children from a previous marriage, Philip’s children from a previous marriage, and their children together. This totaled 11 children living in the house according to both the 1943 and 1946 Brighton City Directories. Similar to the previous owners of the home, Philip Wagner was also a farmer in the Brighton area. Documents provided by Adams County suggest that Katherine and Philip filed for divorce, but the divorce was never finalized. The Brighton City Directories suggest that both Katherine and Philip lived in the home until 1964. Philip passed away in 1968 and Katherine continued to live in the home until 1984 when she passed. The home was deeded to Eleanor Gallegos, Katherine’s daughter.
After the Wagner family sold the property in 1989, several families owned the home. There is not much information on any of these owners.
ToniJean Kile submitted a nomination application for 141 South 3rd Avenue as a historic landmark on October 31, 2023. Ms. Kile is the owner of the property and has consented to the nomination of the structure as a historic landmark.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM
a. The guidelines for designation as an historic landmark or an historic district;
b. The policy and intent of Section 10.03(A) of the LUDC; and
c. The City’s Comprehensive Plan
STAFF ANALYSIS
a. THE GUIDELINES FOR DESIGNATION AS AN HISTORIC LANDMARK OR AN HISTORIC DISTRICT
10.03 B. 1. Historic Landmark Eligibility. An individual property may be designated as a historic landmark if it is at least fifty (50) years old and possesses historic and/or architectural significance. If the property is not at least fifty (50) years old, it must possess exceptional historic and/or architectural significance. The finding of historic and/or architectural significance requires that the property meets at least one (1) of the Eligibility Categories. To meet an Eligibility Category, at least one (1) of the criteria must be satisfied. In order to find that a property possesses exceptional historic and/or architectural significance, it must meet at least two (2) of the following Eligibility Categories. The criteria under which 141 South 3rd Avenue is eligible are below:
(1) Architectural Category: In order to be considered significant in the Architectural Category, at least one (1) of the following criteria must be met:
• exemplifies specific distinguishing characteristics of an architectural period or style; or
o The house, built between 1921 and 1923, is a great example of the Craftsman architectural style that was popular in Brighton and in the United States during this time.
• is an example of the work of an architect or builder who is recognized for expertise nationally, state-wide, regionally or locally; or
• demonstrates superior craftsmanship or high artistic value; or
• contains elements of architectural design, detail, materials, construction or craftsmanship which represent a significant innovation; or
• evidences a style particularly associated with the Brighton area.
o The Craftsman-style house was popular in the Brighton area, as seen in much of the Walnut Grove Addition, and other Brighton neighborhoods that developed at the same time. In the Walnut Grove Addition alone, there are approximately 41 Craftsman-style bungalows.
(2) Social and Historic Category: In order to be considered significant in the Social and Historic Category, at least one (1) of the following criteria must be met:
• is the site of an historic event that had an effect upon society; or
• exemplifies cultural, political, economic or social heritage of the community; or
• represents a built environment of a group of people in an era of history; or
• has significant character, interest or value, as part of the development, heritage, or cultural characteristics of the City, State, or nation; or
o The original occupants of the home as well as the next owners, Thomas Miles and Philip Wagner respectively, were both farmers in the Brighton area, which directly reflects the character of early Brighton, as well as Brighton in the modern age.
• has an association with a notable person(s) or the work of a notable person(s).
(3) Geographic and Environmental Category: In order to be considered significant in the Geographic and Environmental Category, at least one (1) of the following criteria must be met:
• enhances a sense of identity of the community; or
• by being part of, or related to, a square, park or other distinctive area which should be developed or preserved according to a plan based on an historic, cultural, or architectural motif; or
• is unique in its location of singular physical characteristics; or
• possesses unique and notable historic, cultural or architectural motifs; or
• is an established and familiar mutual setting or visual feature of the community.
With respect to the above criteria, the nomination meets more than the minimum requirements for historic designation.
b. THE POLICY AND INTENT OF THIS SECTION (10.03 A.)
Policy. It is the Policy and intent of the City Council to protect and enhance the use of cultural resources having historical and architectural significance for the City’s cultural, artistic, environmental, social, economic, political, architectural, historic or other heritage.
Intent. This Section is intended to promote the public health, safety and welfare of the citizens of the City while also providing for the orderly and appropriate preservation, protection, development and redevelopment of cultural resources, including historically significant properties, structures and districts in the City. It is also the intent of this Section to create a reasonable balance between private property rights and the public interest in preserving the City's unique historical character.
• The nomination for designation of 141 South 3rd Avenue would help protect and enhance the use of cultural resources within the City. The house provides a great example of the Craftsman style architecture that was very popular at the time of its completion between 1921 and 1923, and is consistent with the overall style and theme of the neighborhood, the Walnut Grove Addition. With the allowances that the Land Use & Development Code gives landowners in terms of preservation of their resources, the designation creates a reasonable balance between property rights and public interest, and therefore, advances the policy and intent of this section of the Land Use & Development Code.
c. THE CITY’S COMPREHENSIVE PLAN
The future land use portion of Be Brighton, the Comprehensive Plan, has designated the Property as Medium Density Residential, which is consistent with the current and future use of the land as a single-family residence.
The proposed historic landmark designation meets other policies and strategies of the Comprehensive Plan. Under Chapter Two: Current Context and Values, Heritage is the first. The section states that the historic properties within Brighton, “are a valuable resource that contribute to the fabric of the community and are an asset that the City should strive to retain[.]” The historic house at 141 South 3rd Avenue retains value not only in its heritage of the Craftsman architectural style, but also in the lives of its residents over its more than 100-year lifespan.
Within Chapter Three, in the Opportunity Area Policies section, Number 3: Continue to Encourage Reinvestment in the Downtown Urban Center states that the City should preserve and repurpose historic buildings to maintain Downtown’s authentic character. 141 South 3rd Avenue, which is located just within the Downtown Urban Center as designated by DRCOG, promotes the original character of Brighton’s Downtown as a Craftsman-style house. The neighborhood, Walnut Grove, is one of the City’s first neighborhoods, and reflects the character of Brighton at that time.
Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed Historic Landmark Designation advances these goals:
Policy 5.1 - Protect and Enhance the Economic Health of Downtown
● As stated in this policy, the City should continue its policy of preferential investment, policies and efforts in encouraging Downtown’s economic success and historic preservation. The designation of 141 South 3rd Avenue, which falls just within the designated DRCOG Urban Center, promotes pride and care of the Property, which in turn will promote reinvestment in the Walnut Grove Addition as a whole. Designation of the Property also allows the homeowner access to grants and historic tax credits that can be used to further preserve and enhance the historic character of the home.
Policy 6.4 - Encourage the Enhancement of and Reinvestment in Existing Neighborhoods
● By designating 141 South 3rd Avenue as a Historic Landmark, the City is supporting the reinvestment in the Walnut Grove Addition, one of Brighton’s first neighborhoods.
Policy 7.7 - Brighton Shall Set the Standard and Encourage the Use of Green Building Practices
● As said by Carl Elefante, former president of the American Institute of Architects, “The greenest building is the one that already exists.” With this concept in mind, the designation of the house at 141 South 3rd Avenue, in perpetually preserving the structure, sets the standard for green building practices. Limiting the likelihood of demolition and reconstruction, the building is preserved, which leads to a much smaller carbon footprint in the span of the Property.
Policy 10.1 - Encourage and Support Historic Preservation and Reuse of Existing Structures
● The designation of 141 South 3rd Avenue as a local historic landmark preserves the heritage of one of the City’s first neighborhoods, Walnut Grove, as well as preserving the house’s character-defining features, its Craftsman style. The designation will encourage reinvestment into the neighborhood and will open the site up to historic preservation funding sources to maintain and preserve the history and the architecture of the house.
STAFF REVIEW:
Applicable staff have reviewed this project and recommend approval.
Note: A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
A mailing was sent to the property owner, as required by the Land Use & Development Code. The mailing was sent to the owner of the site on January 22, 2024, and included a letter describing the proposed historic landmark designation as well as the time and place for the public hearing. Also, included with the letter, was a map of the subject area. On January 19, notice was published on the City’s website and various social media sites, and one sign was posted for the City Council Public Hearing in the front yard of the house. As of the posting of this memorandum, staff has not received any formal inquiries regarding the project in anticipation of the public hearing.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds the Historic Landmark Designation is in general compliance with the requirements as outlined as approval criteria in Section 10.03 B. 1. Historic Landmark Eligibility, of the Land Use & Development Code and therefore recommends approval of the Historic Landmark Designation. Staff has drafted an ordinance for approval if the City Council agrees with this recommendation.
HISTORIC PRESERVATION COMMISSION RECOMMENDATION
The Historic Preservation Commission heard the request on November 16, 2023 and unanimously recommended approval. Please see the attached Resolution #23-01-HP for further detail. Please note that the owner of the Property, ToniJean Kile, who Chairs the HPC, was marked as excused for the entirety of the meeting and did not vote on this recommendation.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing this Historic Landmark Designation application. City Council may:
1.) Approve the Historic Landmark Designation via ordinance as drafted;
2.) Deny the Historic Landmark Designation;
3.) Approve the Historic Landmark Designation with changes to the drafted resolution, or;
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Site Map
● Nomination Application
● Nomination Questionnaire
● Addendum to Questionnaire (Written History)
● Photo Log
● Signed HPC Resolution #23-01-HP
● Property Owner Notification
● Sign Posting Affidavit
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation