Webinar: Historic Districts & the Legal Implications to Owners
Attorney Daniel Freedman, Partner at Jeffer Mangels Butler & Mitchell LLP, covers what happens to Owners & Communities AFTER they are in historic districts.
Available on YouTube at: https://youtu.be/3jciO_TlBLE
Anna & Jay
Jay, Anna, their dog, and their expansive red tile roof.
Residents for over 18 years, Anna and Jay have been deeply involved with the Baywood and San Mateo community. Anna as a former member of the San Mateo Public Works and Jay as a former member of the San Mateo Sustainability Commission.
They were impassioned to act because they believe that a Historic Designation is an incredibly significant event and that neighbors should be deeply informed about the implications.
A Historical Roof?
Our Situation
OUR Choices
...but maybe not yours if your house is "historic"
Composite Tile Roof
Metal Spanish Tile Roof
OUR Decision
Clean, condition, replace tiles and buy new if broken.
Hi Neighbors,
My name is Jay Kuhre and my wife, Anna, and our cute little dog are pictured above waving to you from our front lawn. Please note the expansive Spanish Tile Roof. We saved money for several years knowing the roof needed to be replaced. The 2022/2023 rainy season necessitated that the work be performed in the summer 2023.
One of the major challenges that homeowners face if their home or their district has been designated Historical is the term “Equivalent Materials and Workmanship”. This term is NOT objective. It is subjective to the Officials that write the ordinances, to the Administrators behind the counter who have the authority to issue or refuse to issue a building permit and to the Inspectors that go into the field to administer what is considered to be 'historical gospel' handed down from the 'experts on historical preservation'.
Misinterpretation, misapplication and improper enforcement are the norm NOT the exception. Refusing to allow aluminum windows to replace wooden windows is one of many examples. In addition to life safety codes, environmental codes, and a host of other regulations that must be reviewed by the City’s various departments, an opinion is overlayed by someone to decide what historically relevant. To illustrate this point in real time, I offer the situation that happened at our home.
Spanish tile roof repair/replacement involves removal of the tiles, replacement of the underlayment and reinstallation of the tiles, including replacement of tiles that unavoidably broke. It is time consuming, dirty, noisy and expensive work!
Alternatively, there are other materials and construction choices which, in the owner's view, can retain the original character, be easier to maintain and maximize the resale value of the house. Metal or Composition Shingles, for example, are less expensive, less subject to damage, lighter in weight and require less maintenance.
If Baywood was a Historic District, our right to make this decision would've been ripped away from us. (And from you if this was your house.)
In the end, we decided to spend more and preserve the tile roof. But that was OUR decision. NOT THE SAN MATEO HERITAGE ALLIANCE, NOT THE STATE OR FEDERAL GOVERNMENT and NOT THE CITY!
We survived our challenge thanks in part to my experience with construction and bureaucracies. But what about you when it comes time for your house project or remodel?
Respectfully yours,
Jay Kuhre
Opinion Piece to The Daily Journal
Date: July 10, 2023
By: Jay Kuhre
Jay Kuhre is an 18-year resident of Baywood and a former member of the San Mateo Sustainability Commission. He holds a Bachelor of Science degree in industrial construction management and three California state contractor’s licenses; A, B and HAZ.
