The Historic Zoning Commission voted to approve a preservation permit for an addition connecting two historic houses at 1401 Fourth Avenue North after debating whether the city's 10-foot base zoning side-street setback should control or the Germantown design guidelines should govern the project.

The commission's decision follows staff recommendation that the proposed 7-foot setback did not meet the base zoning requirement and that pushing the addition back would provide a better transition to the adjacent historic house on Taylor Street. "Staff does not support the proposed setback determination as there are no site or other constraints that make it difficult to meet that 10 foot setback," the staff presentation said.

The applicant's architect, Mark Robin, argued the MUN base-zoning setback was inapplicable to the rear-yard addition and that the Germantown design guidelines established appropriate placement in this unusual lot configuration. "The guidelines set setback in this district taking precedence over the 10 foot underlying base zoning," Robin said, adding the proposal includes a four-foot offset and a two-foot inset that, in his view, meets guideline intent.

Why it matters: The commission's ruling affects how additions on tight, historic lots in Germantown are measured against underlying base zoning and neighborhood design rules. Commissioners scrutinized the project's massing, height and rhythm along Taylor Street, noting the addition is roughly four feet taller than the adjacent historic houses with eaves about 3 feet, 6 inches higher.

Most of the discussion focused on whether the addition should read as a distinct, commercial-style structure facing Taylor Street'which staff said made the taller massing more acceptable'or as an addition that must conform to the 10-foot setback and lower height. Property owner Frank May and the project architect said the addition aligns with an existing historic facade that already encroaches into the base-zoning setback, and that the proposed connector and material change will preserve the historic rhythm. Staff noted the applicant submitted revised drawings to retain original window openings on the historic houses as a condition of approval.

Commissioners ultimately approved the motion "to go with staff recommendations," moved by Commissioner Cashin and seconded by Commissioner Williams. The motion passed with no recorded opposition.

The permit includes standard preservation conditions: final materials and utility locations must return to staff for approval, replacement of historic materials requires review by the Metro Historic Commission, and the applicant must adhere to the approved drawings and inspection requirements included in the preservation permit.

The commission record shows debate among members over whether allowing extra height effectively made the work read as a separate new structure rather than an addition; several commissioners said they were "compelled" by both perspectives but sided with staff after weighing context and precedent.

The applicant and staff will proceed under the commission approval and the standard conditions attached to the preservation permit. No appeal or continuance was announced at the meeting.