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Council overturns HDRB, allows replacement of deteriorated windows at 206 Mackenzie
Summary
On appeal, the council concluded an expert window assessment showed the historic windows at 206 Mackenzie had deteriorated beyond repair and granted an exception to allow like‑for‑like replacement after hearing testimony from the assessor, the property representative and public commenters.
The Governing Body reversed a Historic District Review Board decision and granted an appeal to allow replacement of windows and doors at 206 Mackenzie Street after a contested hearing.
A city‑approved window assessor, Ray Patterson, documented a widespread pattern of deterioration — including exterior finishes that had cracked and peeled, missing putty and glazing, and sashes with 30–40% member deterioration — and concluded that many frames and jambs were functionally compromised by water intrusion and prior contractor damage. Patterson told the council he had spent several days on‑site preparing the assessment and that, in many locations, restoring the existing assemblies would require removing surrounding fabric and risk structural failure unless windows were replaced and jambs rebuilt.
The Historic District Review Board had voted to deny an exception for some primary-facade windows after members evaluated the condition and debated whether the assessor’s "fair" rating amounted to a finding that windows were beyond repair. Appellant representatives said the board’s on‑the‑spot reassessment — by a member who had not used assessment tools or tested the units — departed from the accepted expert review and would block a necessary remediation to stop ongoing water damage.
After public testimony and questioning, Councilor Signe Lindell moved to grant the appeal, finding the applicants had satisfied the three statutory exceptions required for window replacement on primary facades of a contributing structure. The council voted to grant the appeal.
What happens next: The applicant may replace windows and doors in a way that duplicates original materials and profiles ("like and kind"); subsequent building-level work remains subject to the standard land‑use and building‑permit process.
Speakers quoted: "The windows in this condition of this building do show water penetration around the windows," assessor Ray Patterson said. Appellant representative Braden Furry said the owner "did everything that was asked of us" and asked the council to accept the assessor’s findings and allow replacement.
