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HONORABLE MAYOR AND CITY COUNCIL WEDNESDAY, FEBRUARY 24, 2010 ACM: A.C. GONZALEZ FILE NUMBER: Z089-280 (MD) DATE FILED: September 1, 2009 LOCATION: East side of Nonesuch Road between Hillside Drive and Westlake

Avenue COUNCIL DISTRICT: 9 MAPSCO: 36R SIZE OF REQUEST: 2.9901 ac. CENSUS TRACT: 80.00 REQUEST: A Landmark Commission authorized hearing for consideration

of an Historic District Overlay on property zoned an R-7.5(A) Single Family District.

SUMMARY: Built in 1938 and designed by Roscoe DeWitt, the Stanley Marcus House may have been the first “Modern Style” family house in Dallas and reflects the progressive attitude of Stanley Marcus in art and politics. A significant property must meet 3 of 10 designation criteria. This property has been determined to meet 8.

CITY PLAN COMMISSION RECOMMENDATION: Approval, subject to preservation criteria.

LANDMARK COMMISSION RECOMMENDATION: Approval, subject to preservation criteria. STAFF RECOMMENDATION: Approval, subject to preservation criteria.

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BACKGROUND INFORMATION:

• Mr. and Mrs. Marcus hired the local architect Roscoe DeWitt of DeWitt and Washburn to assist Frank Lloyd Wright as his Dallas agent. Over the course of months however, Mr. Marcus grew increasingly frustrated with Wright’s design and over-run budget and eventually fired Wright and turned the design over to DeWitt.

• Influenced by what American modern architects Richard Neutra and Rudolph

Schindler were doing in Los Angeles, DeWitt provided a modern International Style design and modified it for the local environment through materials and design.

• The modern design, unique to 1930’s Dallas, reflects the progressive attitude of

Stanley Marcus in art and politics. A stark contrast to the houses in Lakewood, the home remains elegant and contemporary despite additions in the 1950’s and 1970’s.

• An application by the property owner for a tax exemption exceeding $50,000 on the entire property was approved by Landmark Commission on February 1, 2010. The application will now proceed at a future date to City Council for consideration. Under the City’s Historic Preservation Tax Incentive Program, City Council may approve or deny only the portion of a tax exemption that exceeds $50,000. Tax exemptions under $50,000 are approved by the City of Dallas Landmark Commission. Only properties or portions of properties that are locally designated as historic districts may obtain a tax exemption.

STAFF ANALYSIS:

• Both the Landmark Commission and its Designation Committee have determined this complex to be historically significant under 8 designation criteria.

• This overlay designation does not change the base zoning or permitted uses for the property.

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Comprehensive Plan:

This historic overlay is consistent with both the Urban Design and the Neighborhood Elements of the Comprehensive Plan. Historic preservation has played a key role in defining Dallas’ unique character. Preservation historic neighborhoods and buildings creates a direct, visual link to the past, contributing to a “sense of place.”

Goal 5.1 Create a Sense of Place, Safety and Walkability Policy 5.1.3 Encourage complementary building height, scale, design and character.

Goal 5.2 Strengthen Community and Neighborhood Identity

Policy 5.2.1 Maintain neighborhood scale and character.

Goal 7.2 Preservation of Historic and Cultural Assets Policy 7.2.2 Create a sense of place through the built environment while maintaining the existing historic fabric. Policy 7.2.4 Protect historic and cultural assets.

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CITY PLAN COMMISSION ACTION: (January 21, 2010)

Motion: It was moved to recommend approval of an Historic District Overlay, subject to preservation criteria on property zoned R-7.5(A) on the east side of Nonesuch Road between Hillside Drive and Westlake Avenue.

Maker: Peterson Second: Tarpley Result: Carried: 15 to 0 For: 12 - R. Davis, Wally, Anglin, M. Davis, Rodgers, Lozano, Bagley,

Lavallaisaa, Tarpley, Lueder, Bernbaum, Wolfish, Schwartz, Peterson, Alcantar

Against: 0 Absent: 0 Vacancy: 0

Notices: Area: 200 Mailed: 33 Replies: For: 4 Against: 0

Speakers: None

LANDMARK COMMISSION ACTION: (September 1, 2009)

This item appeared on the Commission’s consent agenda. Motion: Approval of the consent docket to follow staff recommendation.

Maker: Flabiano Second: Solomon Results: 11/0 Ayes: Burgin, Cruz, Flabiano, C. Gonzales, Johnson,

Keith, Miller, Norcross, A. Piper, Silva, and Solomon

Against: None Absent: A. Gonzalez, Ridley, Small and Strickland Vacancies: 6, 8 and 12

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Dallas Landmark Commission

Landmark Nomination Form

1. Name historic: Stanley and Mary (Billie) Marcus House and/or common:

date: March 2009

2. Location: address: 10 Nonesuch Road, Dallas, TX 75214 location/neighborhood: block: A/2979 lot: Lot 4 land survey: Stanley Marcus Addition tract size: 2.9875 acres

3. Current Zoning current zoning:

4. Classification Category X district X building(s) structure site object

Ownership public X private both Public Acquisition in progess being considered

Status X occupied unoccupied work in progess Accessibility X yes:restricted yes:unrestricted no

Present Use agricultural commercial educational entertainment government industrial military

museum park X residence religious scientific transportation other, specify _______________

5. Ownership Current Owner: Mark and Patty Lovvorn Contact: Mr. Mark Lovvorn 10 Nonesuch Road Dallas, TX 75214 Phone: 972. 677 1010

6. Form Preparation Date: March 10, 2009 Name & Title: Katherine Seale, Executive Director, and Daron Tapscott, Architect, Krista Rogers, Intern. Organization: , Preservation Dallas

Contact: Phone:

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7. Representation on Existing Surveys Alexander Survey (citywide) local state national National Register H.P.L. Survey (CBD) A B C D Recorded TX Historic Ldmk Oak Cliff TX Archaeological Ldmk Victorian Survey Dallas Historic Resources Survey, Phase high medium low

For Office Use Only Date Rec'd: Survey Verified: Y N by: Field Check by: Petitions Needed:

Y N Nomination: Archaeological Site Structure(s) Structure & Site

District 8. Historic Ownership

original owner: Stanley Marcus significant later owner(s):

9. Construction Dates

original: 1938 alterations/additions: Circa 1950 and 1970

10. Architect

original construction: Roscoe P. DeWitt (DeWitt and Washburn Architects) alterations/additions: Unknown

11. Site Features

natural: urban design:

12. Physical Description Condition, check one: excellent X good Fair

deteriorated ruins unexposed

unaltered X altered

Check one: X original site moved(date )

Describe present and original (if known) physical appearance. Include style(s) of architecture, current condition and relationship to surrounding fabric (structures, objects, etc). E laborate on pertinent materials used and style(s) of architectural detailing, embellishments and site details. Site:

The Stanley Marcus house is located in the Lakewood neighborhood of Dallas. Originally located on a tract of 6.5 acres. The site has been reduced to the present 3 acres. The site with few natural trees was heavily planted with trees creating view corridors particularly on the south side where the site boundary is a natural creek. The drive is located on the north side of the structure and is removed from the street. The site was planned for the house to be invisible from the street.

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Building Exterior (Original) It may be the first “modern style” family house in Dallas. Designed by Roscoe DeWitt of DeWitt and Washburn Architects. DeWitt and Washburn had designed a contemporary show house for the 1936 Texas Centennial. The Marcus house is a two-story brick veneer structure with redwood siding. The flat decks, screened porches, and horizontal banded steel windows. reinforce the horizontal expression of the house. Free form in plan, the original house consisted of two shifted rectangular blocks. The overlapping joint was the point of entry, on the north side. On the ground level the public spaces were in the southern rectangle and the service spaces including the garage were in the northern rectangle. The body of the house is predominately brick veneer. Originally, the brick was an red-orange color, common to the Dallas area. Beveled Redwood siding is used at the second level. It was used at the cantilevered balcony above the entry, adjacent to the horizontal second level windows. The brick stops at the second floor windowsills, and on second level walls that occur above occupied space. The roofs are flat and have deep overhangs on the west and south sides of the house. The east and north are terminated at the wall line. Two different overhang conditions were an acknowledgement of the solar orientation of the blocks. The flat roof and deep overhangs reinforce the horizontal lines of the house. The north elevation (entry side) is brick veneer with second floor horizontal band window. The ground floor windows are punch openings. A second level terrace was expressed on the right side. It is contained with an open horizontal steel railing. The center entry is formed by a shift in the floor plan. The façade at the Entry is modest and wood beveled siding is used to emphasis the offset in the floor plan at the second level. The garage was express at the far left side of the north elevation.

The south elevation faces a large expanse of lawn with a view corridor to the creek. The ground level formal room was expressed in floor to ceiling glass walls divided into five expressed structural bays. These bays were subdivided into three equally spaced window units. The window units are divided into three un-equal vertical panels. The second floor bedrooms are expressed in continuous equally spaced horizontal band operable units opening onto an open balcony. The balcony is fully covered with a cantilevered extension of the primary roof. The central blocks were flanked by one-story extensions at each side.

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Building Exterior (Current)

Mr. Marcus added to his residence several times. The screened south-facing porch was enclosed to enlarge the Living/Dining Rooms. During the 1950’s, also on the South side, a Theater Room was added. It maintained the brick and steel casement vocabulary of the primary blocks. The height of this addition is less than the original one-story wings. It generally follows the slope of the site. There are internal steps at the entry to this room. The windows, while steel, have a different pattern. They have a two lite fixed unit over four lite operable casements. The Garage was enclosed with a new structure added to north side. On the far west side of the public block a new library wing was added. The original one-story flanking wing of the south block was expanded by approximately 26 feet. The height matched the original one-story wing. This allowed for his constantly expanding library and collections. The expanded library wing has a single punched window in the north face. The additions each made by Stanley Marcus continue the vocabulary of the original house. It appears that the Roscoe DeWitt continued to be the Architect for these additions. The real design was based on the notes exchanged by Stanley Marcus and the Interior Designer in New York. The additions reflected his changing needs and increasing affluence. The brick veneer and siding have been painted by the current Owners, Mark and Patty Lovvorn. A major renovation is now planned. This will remove the added garage and remove it from the primary form of the house.

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13. Historical Significance Statement of historical and cultural significance. Include: cultural influences, special events and important personages, influences on neighborhood, on the city, etc. Built in 1938, the Marcus House may have been the first “Modern style” family house in Dallas. A self-proclaimed “confirmed modernist”, the house was designed to reflect Stanley Marcus’ interest in modern architecture. His nation-wide quest to find a suitable architect included interviews with the Swiss architect William Lescaze as well as Richard Neutra of Los Angeles.1 Ultimately, it was after meeting Frank Lloyd Wright that Mr. Marcus contracted with Wright to design his family home. Mr. and Mrs. Marcus hired the local architect Roscoe DeWitt of DeWitt and Washburn Architects to assist Frank Lloyd Wright as his Dallas agent. Over the course of months however, Mr. Marcus grew increasingly frustrated with Wright’s design and over-run budget, which had ballooned from the agreed upon $25,000 to a growing $140,000.2 Eventually, Marcus fired Wright and turned the design over to Roscoe DeWitt. Influenced by what American modern architects Richard Neutra and Rudolph Schindler were doing in Los Angeles, Dewitt provided a modern International Style design and modified it for its local environment through materials and the design. The exterior was limited to a palette of brick, redwood siding and steel windows. The address of 10 Nonesuch Road was the home of the Dallas native Stanley Marcus, president of the family business Neiman-Marcus. The importance of the Stanley Marcus house includes the long professional career of Mr. Marcus, the architectural decision to build a modern house in Dallas, and the Marcus family’s influence in the arts and social development of the city in the twentieth century. In Minding the Store, Stanley Marcus wrote about the goal of making the Neiman-Marcus name synonymous with fashion. In addition to that, the name also gained the meaning of keeping money − derived from agriculture, oil, and electronics − in Dallas rather than sent up to New York. Neiman-Marcus was the first regional store to advertise in national fashion magazines such as “Vogue” and “Harper’s Bazaar”.3 Although Stanley Marcus began merchandizing only one department in 1927, along with staging the first of the traditional weekly fashion shows. Working his way up, he became the president in 1950. The site for the house was a gift to the recently married Mary Cantrell and Stanley Marcus.4 It was given to them by Stanley’s father, Herbert Marcus. It was six-and-one-half acres immediately across from [Herbert’s] house. They had an initial construction budget of $25,000. The city directory shows the Herbert Marcus house on the corner of Pearson and Westlake. In an interview, L.B. Houston remembered that only three families had houses between Abrams Road and White Rock Lake (Saxon, 125).5 Among those were Herbert Marcus and Stanley Marcus. Stanley, from his studies at Amherst and Harvard, had become a convert to contemporary architecture. He “was an extremely sophisticated architectural client”.6 With a site provided, Mary and Stanley Marcus selected Frank Lloyd Wright. The Dallas Morning News arts editor, John Rosenfield arranged the introduction.

1 Stanley Marcus, Minding the Store, p. 91. 2 Ibid. p. 93. 3 Ibid. p. 73. 4 Ibid. p. 91. 5 Gerald D. Saxon, Reminiscences, page 125. 6 Larry Paul Fuller, The American Institute of Architects – Guide to Dallas Architecture with Regional Highlight, pp. 54, 83, & 95.

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The design process with Wright began with his trip to Dallas, during an unusually warm January in 1936. Erroneously believing the typical city climate always held near 70 degrees year-round, Wright designed a house with only outdoor sleeping terraces. Closet space was kept to a strict minimum, which also displeased Wright’s client. The correspondence between Wright and Marcus began cordially but ended with Wright’s termination when he exceeded the agreed budget of $40,000. The estimated cost of the house had reached somewhere between $90,000 to $150,000.7 The new Marcus house was published first in the magazine “Architectural Forum,” and later in the book “The Modern House in America.” The authors stated purpose was to explore “modern” architecture, not as a fad, but as a representation of social and economic values; to highlight houses “which exemplify the purposes and spirit, as well as the techniques, of modern architecture”.8 The Marcus house was the only house from Texas included by the editors. Roscoe DeWitt had a major influence on the architecture of Dallas. In 1956 he was selected as the architect for the expansion of the Federal Capitol. Locally he is responsible for Woodrow Wilson High School (DeWitt and Lemmon, 1928), Museum of Fine Arts, Fair Park (1936), Cedar Springs Place (DeWitt and Washborn 1937), St. Paul Hospital (1960), and Presbyterian Hospital. The decision to build a “contemporary” home was a political statement. Modern architecture was a new introduction to Dallas. The Marcus house preceded the only truly contemporary architecture at the 1936 Centennial Exposition, the Lescaze design Magnolia Theater. Howard Meyer began the Tiffert Israel Synagogue in 1936. Within the Lakewood neighborhood the romantic revival styles of Tudor, Italianate, and Spanish dominated. The Marcus house was a unique and singular statement. It reflected Marcus’ interest in art and architecture. Stanley Marcus would commission Edward Larrabee Barnes, Eeero Saarinen (Roche and Dinkerloo), and Phillip Johnson to execute designs for Nieman-Marcus.9 The political life of Stanley Marcus continued to reflect an alternate Dallas. In 1963 he delivered the introduction for Adlai Stevenson. This was the infamous trip where the former candidate for the presidency was spat upon and struck on the head by a religious protestor outside of the Memorial Auditorium.10 In the 1960 election the store lost many charge accounts because of Marcus’ very visible support of John F. Kennedy. As a result of his support, he was appointed to the National Cultural Center Board and to Jacqueline Kennedy’s “Committee for the Acquisition of Painting for the White House.” Following the assassination, on New Years Day 1964, Marcus published a full page ad “What’s Right with Dallas.”11 This was contrary to the editorials that proclaimed Dallas as the city of hate. The home became an extension for the store and the dignitaries that were associated with the store including Fortnight. The formal dinners at the house would include guest from royalty Grace Kelly and the Prince of Monaco, Princess Alexandra of Great Britain and her uncle Lord Mountbatten, Prince Albert and Princess Paola of Belgium, the Queen of Thailand; fashion designers Pierre Balmain, Christian Dior, Estee Lauder, Elsa Schaparelli, Jerry Lewis, Eleanor Roosevelt, Norman Norrell, Bill Blass, Emilio Pucci, Roberts DeCamerino, Valentino, Mark Bohan, Yves St. Laurent, Manuel Ungaro, Givenchy, Salvatore Ferragammo, Lucien Lelong, Bjorn Wiinblad, Judith Leiber, Armi Ratiaand Tai Missoni; politicos included Lyndon B. Johnson (Senator, Vice President, and President), Bruno Kreisky

7 Marcus, op. cit., p. 93. 8 Ford & Ford, The Modern House in America, p. 9 Fuller, op. cit., p. 94. 10 Marcus, op. cit.., p. 250. 11 Ibid., p. 257.

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(PM Austria), Ambassador Henri Bonet (France), and Vice-President Nelson Rockefeller. Rockefeller wanted to compare their similar art collections.12 The modern design, unique to 1930’s Dallas, reflects the progressive attitude of Stanley Marcus in art and politics. The house designed by Roscoe DeWitt remains a stark contrast to the houses of Lakewood and remains an elegant contemporary home despite its additions in the 1950s and 1970s making the 9,000 square-foot home closer to 10,000 square feet. The present owners, Mark and Patty Lovvorn, bought the house from Stanley Marcus in 1994 − who died later in 2002 at the age of 96.13 The Lovvorns listed the house as a Recorded Texas Historic Landmark in 2002.

12 Mark Lovvorn, Application Form Official Texas Historical Marker, Letter of Stanley Marcus, March 3, 1994. 13 Eric Pace, “Stanley Marcus, the Retailer from Dallas, is Dead at 96 New York Times Jan. 23, 2002.

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14. Bibliography Stanley Marcus, “Minding the Store,” University of North Texas Press, 1974, 1997 ed. Gerald D. Saxon, “Reminiscences,” Dallas Public Library, 1983. James and Katherine Marrow Ford , “The Modern House in America,” Architectural Book Publishing Co., 1940. Larry Paul Fuller, ed. “The American Institute of Architects – Guide to Dallas Architecture with Regional Highlights,” McGraw-Hill, 1999. Eric Pace, New York Times, “Stanley Marcus, the Retailer from Dallas, Is Dead at 96,” January 23, 2002. Dallas Morning News, “Dallas Architects Get Capitol Job,” March, 22, 1956. 1999 Application Form Official Texas Historical Marker, Mark Lovvorn. (Includes “A Story of One Nonesuch Road” Stanley Marcus letter of March 3, 1994.

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15. Attachments

District or Site Map ___Additional descriptive material Site Plan ___Footnotes

_x__Photos (historic & current) _x__Other: 1937 Plans

16. Inventory of Structures-Historic District Only (Page of ) Please complete this form for each structure in a proposed historic district a. Location and Name

b. Development History

Original owner: Architect/builder: Construction/alteration dates:

c. Architectural Significance Dominant style: Condition: Alterations:

d. Category Contributing ____ excellent example of an architectural style that is typical of or integral to the district; retaining essential integrity of design

Compatible ____ supportive of the district in age, style and massing but is not representative of the significant style, period and detailing, or area of significance typical of the district

Non-contributing ____ intrusive; detracts form the character of the district

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7. Designation Criteria _x___ History, heritage and culture: Represents the historical development, ethnic heritage or cultural characteristics of the city, state, or country. ____ Historic event: Location of or association with the site of a significant historic event. _x___ Significant persons: Identification with a person or persons who significantly contributed to the culture and development of the city, state, or country. _x___ Architecture: Embodiment of distinguishing characteristics of an architectural style, landscape design, method of construction, exceptional craftsmanship, architectural innovation, or contains details which represent folk or ethnic art. _x___ Architect or master builder: Represents the work of an architect, designer or master builder whose individual work has influenced the development of the city, state or country.

_x___ Historic context: Relationship to other distinctive buildings, sites, or areas which are eligible for preservation based on historic, cultural, or architectural characteristics. _x___ Unique visual feature: Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city that is a source of pride or cultural significance. ____ Archeological: Archeological or paleontological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. _x___ National and state recognition: Eligible of or designated as a National Historic Landmark, Recorded Texas Historic Landmark, State Archeological Landmark, American Civil Engineering Landmark, or eligible for inclusion in the National Register of Historic Places. _x___ Historic education: Represents as era of architectural, social, or economic history that allows an understanding of how the place or area was used by past generations.

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Recommendation

The Designation Task Force requests the Landmark Commission to deem this nominated landmark meritorious of designation as outlined in Chapter 51 and Chapter 51A, Dallas Development Code. Further, the Designation Task Force endorses the Preservation Criteria, policy recomendations and landmark boundary as presented by the Department of Sustainable Development and Construction. Date: Chair Designation Committee Historic Preservation Planner

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EXHIBIT B PRESERVATION CRITERIA STANLEY MARCUS HOUSE

10 NONESUCH ROAD

1. GENERAL. 1.1 All demolition, maintenance, new construction, public works, renovations, repairs, and site work in this district must comply with these preservation criteria. 1.2 Any alterations to property within this district must comply with the regulations contained in Chapter 51A of the Dallas City Code, as amended. If there is a conflict, these preservation criteria control. 1.3 Certificate of appropriateness.

a. A person may not alter a site within this district, or alter, place, construct, maintain, or expand any structure on the site without first obtaining a certificate of appropriateness in accordance with Section 51A-4.501 of the Dallas Development Code, as amended, and these preservation criteria.

b. Except as provided in this paragraph, the certificate of appropriateness

review procedure outlined in Section 51A-4.501 of the Dallas Development Code, as amended, applies to this district. Accessory structures, the attached one-story garage, and the covered walkway existing as of (date of passage of ordinance) and shown on Exhibit C.1 are not protected and alternations to these structures, including new construction, may be reviewed under the routine maintenance procedures in Section 51A-4.501(g)(A) and (C) of the Dallas Development Code, as amended.

c. Any work done under a certificate of appropriateness must comply with any

conditions imposed in the certificate of appropriateness. d. After the work authorized by the certificate of appropriateness is

commenced, the applicant must make continuous progress toward completion of the work, and the applicant shall not suspend or abandon the work for a period in excess of 180 days. The Director may, in writing, authorize a suspension of the work for a period greater than 180 days upon written request by the applicant showing circumstances beyond the control of the applicant. 1.4 Except as provided in this subsection, a person may not demolish or remove any structure in this district without first obtaining a certificate for demolition or removal in accordance with Section 51A-4.501 of the Dallas Development Code. A certificate of demolition is not required to demolish the accessory structures existing as of (date of passage of ordinance) and shown on Exhibit C.1.

1.5 Preservation and restoration materials and methods used must comply with the Secretary of the Interior’s Standards and Preservation Briefs published by the United States Department of the Interior, copies of which are available at the Dallas Public Library.

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1.6 No person shall allow a structure in this district to deteriorate through demolition by neglect. Demolition by neglect is neglect in the maintenance of a structure that results in deterioration of the structure and threatens preservation of the structure. All structures in this district must be preserved against deterioration and kept free from structural defects. See Section 51A-4.501 of the Dallas Development Code, as amended, for regulations concerning demolition by neglect. 1.7 Consult Article XI, "Development Incentives," of the Dallas Development Code for tax incentives that may be available in this district. 1.8 The period of historic significance for this district is the period from 1938 to 1994. 2. DEFINITIONS. 2.1 Unless defined in this section the definitions in Chapter 51A of the Dallas City Code, as amended, apply. 2.2 APPROPRIATE means typical of the historic architectural style, compatible with the character of this district, and consistent with these preservation criteria. 2.3 CERTIFICATE OF APPROPRIATENESS means a certificate required by Section 51A-4.501 of the Dallas Development Code, as amended, and these preservation criteria. 2.4 COLUMN means the entire column, including the base and capital. 2.5 CONTRIBUTING STRUCTURE means a structure that retains its essential architectural integrity of design and whose architectural style is typical of or integral to this district. 2.6 CORNERSIDE FACADE means a facade facing a side street. 2.7 CORNERSIDE FENCE means a fence adjacent to a side street. 2.8 CORNERSIDE YARD means a side yard abutting a street. 2.9 DIRECTOR means the Director of the Department of Sustainable Development and Construction or the Director's representative. 2.10 DISTRICT means Historic Overlay District No. ______, the Stanley Marcus House Historic Overlay District. This district contains the property described in Section 1 of this ordinance and as shown on Exhibit B. 2.11 ERECT means to attach, build, draw, fasten, fix, hang, maintain, paint, place, suspend, or otherwise construct.

2.12 FENCE means a structure or hedgerow that provides a physical barrier, including a fence gate.

2.13 FRONT YARD means that area between the entrance driveway and the front of the

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main building, as shown in Exhibit C.1. 2.14 MAIN BUILDING means the primary residential building, as shown on Exhibit C.1. 2.15 NO-BUILD ZONE means that part of the lot shown on Exhibit C.1 in which no new construction may take place. 2.16 ORIGINAL means any portion of the main structure that was built or constructed by 1938. 2.17 PROTECTED means an architectural or landscaping feature that must be retained and maintain its historic appearance, as near as practical, in all aspects. 2.18 REAL ESTATE SIGN means a sign that advertises the sale or lease of an interest in real property. 2.19 REAR YARD means that portion of a lot that does not abut a street and extends across the width of the lot between the rear lot line and the side setback lines as shown on Exhibit C.1. 2.20 SIDE YARD means that portion of the lot extending from the front yard setback line to a rear property line between a lot line and the main building, as shown in Exhibit C.1. 3. BUILDING SITE AND LANDSCAPING.

3.1 New construction is prohibited in the no-build zone shown on Exhibit C.1.

3.2 The main building is protected in the locations shown in Exhibits C.2 and C.3.

3.2 New driveways, sidewalks, steps, and walkways must be constructed of brick, brush finish concrete, stone, crushed stone or gravel, or other appropriate material.

3.3 Artificial grass, artificially-colored or stamped concrete, asphalt, exposed aggregate, and outdoor carpet are not permitted.

3.4 Carports, garages, and other accessory buildings are not permitted in the no-build zones shown on Exhibit C.1. 3.5 Any new mechanical equipment must be erected in the side or rear yard, and must be screened. 3.6 Landscaping.

a. Outdoor lighting must be appropriate and enhance the structure.

b. Landscaping must be appropriate, enhance the structure and surroundings,

and not obscure significant views of protected facades.

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c. It is recommended that landscaping reflect the historic landscape design.

d. Existing trees are protected, except that unhealthy or damaged trees may be removed.

3.7 Fences. Fences must be constructed of brick, cast stone, iron, stone, wood, an appropriate combination of these materials, or other appropriate materials.

4. FACADES. 4.1 Protected facades.

a. The facades shown on Exhibits C.2 and C.3 are protected. b. Reconstruction, renovation, repair or maintenance of protected

facades must be appropriate and must employ materials similar to the historic materials in texture, color, pattern, grain, and module size.

c. Historic solid-to-void ratios of protected facades must be maintained.

d. Brick added to protected facades must match in color, texture, module size,

bond pattern, and mortar color and may be painted to match existing painted brick.

e. Brick, cast stone, and concrete elements on protected facades may not be painted, except that portions of the structure that had been painted before the effective date of this ordinance may remain painted.

4.2 Additions to the original house may be removed. If removed, any exposed original facade must be restored as much as practicable. 4.3 Reconstruction, renovation, repair, or maintenance of non-protected facades must be compatible with existing features. 4.4 Wood siding, trim, and detailing must be restored wherever practicable. 4.5 All exposed wood must be painted, stained, or otherwise preserved. 4.6 Historic materials must be repaired if possible; they may be replaced only when necessary. 4.7 Paint must be removed in accordance with the Secretary of the Interior’s Standards and Preservation Briefs published by the United States Department of the Interior, copies of which are available at the Dallas Public Library, before refinishing. 4.8 Aluminum siding, stucco, and vinyl cladding are not permitted. 4.9 Historic color must be maintained wherever practical. Color schemes for non-masonry elements should conform to any available documentation as to historic color.

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4.10 Exposing and restoring historic finish materials is recommended. 4.11 Cleaning of the exterior of a structure must be in accordance with the Secretary of the Interior’s Standards and Preservation Briefs published by the United States Department of the Interior, copies of which are available at the Dallas Public Library. Sandblasting and other mechanical abrasive cleaning processes are not permitted. 5. FENESTRATION AND OPENINGS.

5.1 historic doors and windows on protected facades, as shown on Exhibits C.2 and C.3, must remain intact except when replacement is necessary due to damage or deterioration. 5.2 Replacement of doors and windows, including the front entry door, which have been altered and no longer match the historic appearance, is recommended. 5.3 Replacement of historic doors and windows must express profile, muntin and mullion size, light configuration, and material to match the historic. 5.4 Replacement of doors and windows on non-protected facades may be approved by Routine Maintenance Certificate of Appropriateness. 5.5 Storm doors and windows are permitted if they are appropriate and match the existing doors and windows in profile, width, height, proportion, glazing material, and color. 5.6 Decorative ironwork and burglar bars are not permitted over doors or windows of protected facades. Interior mounted burglar bars are permitted if appropriate. 5.7 Glass and glazing must match historic materials as much as practical. Insulated glazing may be added to existing units. Films and tinted or reflective glazings are not permitted on glass. 5.8 New door and window openings in protected facades are permitted only where there is evidence that historic openings have been filled or the safety of life is threatened. 5.9 The Secretary of the Interior’s Standards and Preservation Briefs published by the United States Department of the Interior, copies of which are available at the Dallas Public Library, should be referred to for acceptable techniques to improve the energy efficiency of historic fenestration.

6. ROOFS.

6.1 The historic slope, massing, configuration, and materials of the roof must be preserved and maintained.

6.2 The following roofing materials are allowed: built-up, single-ply membrane, or appropriate materials for flat roofs. The following roofing materials are not allowed: clay tiles,

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composition shingles, slate tiles, terra-cotta tiles, wood shingles, metal, synthetic wood shingle, and synthetic clay tile. 6.3 Historic eaves, coping, cornices, dormers, parapets, and roof trim must be retained, and should be repaired with material matching in size, finish, module and color. 6.4 Mechanical equipment, skylights, and solar panels on the roof may not be visible from the front yard.

7. PORCHES AND BALCONIES.

7.1 Historic porches and balconies on protected facades are protected.

7.2 Porches and balconies on protected facades may not be enclosed. It is recommended that existing enclosed porches on protected facades be restored to their historic appearance.

7.3 Historic columns, detailing, railings, and trim on porches and balconies are protected.

7.4 Porch floors must be brick, concrete, stone, or wood. Brick, concrete, and stone porch floors may not be covered with carpet or paint. Wood floors must be painted or stained. A clear sealant is acceptable on porch floors.

8. EMBELLISHMENTS AND DETAILING.

8.1 The following architectural elements on protected facades are considered important features and are protected:

a. Windows and window openings. b. Original chimney. c. Original materials, whether painted or not. d. Roof overhangs. e. Entry features.

9. NEW CONSTRUCTION AND ADDITIONS.

9.1 Stand-alone new construction is not permitted in the no-build zones shown on Exhibit C.1. 9.2 Vertical additions to the main building are not permitted.

9.3 Horizontal additions to the main building are not permitted on protected facades. Horizontal additions to the main building on non-protected facades must be located so that they

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are not visible from the front yard, except for a new garage and covered walkway on the north side of the main building. 9.4. The color, details, form, materials, and general appearance of new construction and additions must be compatible with the existing historic structure. 9.5. New construction and additions must have appropriate color, detailing, fenestration, massing, materials, roof form, shape, and solid–to–void ratios. 9.6. The height of new construction and additions must not exceed the height of the historic structure. 9.7. Aluminum siding, stucco, and vinyl cladding are not permitted. 9.9 New construction and additions must be designed so that connections between new construction or additions and the historic structure are clearly discernible as suggested by the Secretary of the Interior in Preservation Brief No. 14. A clear definition of the transition between new construction or additions and the historic structure must be established and maintained. Historic details in the coping, eaves, and parapet of the historic structure must be preserved and maintained at the point where the historic structure abuts new construction or additions. 10. SIGNS. 10.1 Signs may be erected if appropriate. 10.2 All signs must comply with the provisions of the Dallas City Code, as amended. 10.3 Temporary political campaign signs and temporary real estate signs may be erected without a certificate of appropriateness. 11. ENFORCEMENT. 11.1 A person who violates these preservation criteria is guilty of a separate offense for each day or portion of a day during which the violation is continued, from the first day the unlawful act was committed until either a certificate of appropriateness is obtained or the property is restored to the condition it was in immediately prior to the violation. 11.2 A person is criminally responsible for a violation of these preservation criteria if:

a. the person knowingly commits the violation or assists in the commission of the violation;

b. the person owns part or all of the property and knowingly allows the

violation to exist;

c. the person is the agent of the property owner or is an individual employed by the agent or property owner; is in control of the property; knowingly allows the violation to

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exist; and fails to provide the property owner’s name, street address, and telephone number to code enforcement officials; or

d. the person is the agent of the property owner or is an individual employed

by the agent or property owner, knowingly allows the violation to exist, and the citation relates to the construction or development of the property. 11.3 Any person who adversely affects or demolishes a structure in this district in violation of these preservation criteria is liable pursuant to Section 315.006 of the Texas Local Government Code for damages to restore or replicate, using as many of the original materials as possible, the structure to its appearance and setting prior to the violation. No certificates of appropriateness or building permits will be issued for construction on the site except to restore or replicate the structure. When these restrictions become applicable to a site, the Director shall cause to be filed a verified notice in the county deed records and these restrictions shall be binding on future owners of the property. These restrictions are in addition to any fines imposed. 11.4 Prosecution in municipal court for a violation of these preservation criteria does not prevent the use of other enforcement remedies or procedures provided by other city ordinances or state or federal laws applicable to the person charged with or the conduct involved in the offense.

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EXHIBIT C.1

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EXHIBIT C.2

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EXHIBIT C.3

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Single Family Residential

Single Family Residential

Single Family Residential

Historic Overlay 119 – Bromberg/Patterson House

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CPC RESPONSES

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Page 1 of 2 1/20/2010 Notification List of Property Z089-280 33 Property Owners Notified 0 Property Owners Opposed 4 Property Owners in Vote Label Address Owner 1 10 NONESUCH LOVVORN MARK E & 2 3201 WENDOVER PATTERSON DAN E 3 6629 LAKE CIRCLE SOTIROPOULOS O 4 6701 LAKE CIRCLE LATIN RICHARD H & MONICA 5 6707 LAKE CIRCLE QUIRAM DAVID J & GINA 6 6713 LAKE CIRCLE THOMAS WILLIAM MINOR & 7 6717 LAKE CIRCLE CAMPAGNA FAMILY LTD PS 8 6732 LAKE CIRCLE THOMA PATTERSON COMPANY 9 6726 LAKE CIRCLE PATTERSON DAN E & GAIL T 10 6724 LAKE CIRCLE MOORE MICHAEL C & 11 6722 LAKE CIRCLE MARTIN BRAD A 12 6716 LAKE CIRCLE STEPHENSON MICHAEL C & 13 6712 LAKE CIRCLE MARTIN BERNARD A 14 6706 LAKE CIRCLE BILLERT JOE R 15 6628 LAKE CIRCLE LUECKE LAURA E 16 6620 LAKE CIRCLE RUSSELL CHRISTOPHER A 17 6614 LAKE CIRCLE WEIGL FAMILY LTD PTRS 18 6610 LAKE CIRCLE BURR GERALD F O 19 6707 MEADOW LAKE JOHNSON WILLIAM B 20 6700 MEADOW LAKE BANK OF AMERICA O 21 6705 MEADOW LAKE LEWIS JERRY M & PAT RUTH 22 6705 MEADOW LAKE PATTERSON DAN 23 6735 WESTLAKE DENHAM CLAUDE A JR & O 24 6721 WESTLAKE DREHER GEORGE M & 25 6555 BLANCH JACKSON LLOYD HAROLD & 26 6563 BLANCH GARRETT HOWARD ETAL

Wednesday, January 20, 2010

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Vote Label Address Owner 27 6550 BLANCH IRVIN TIMOTHY R TRUST U/A 28 3 NONESUCH BOYD JIMMIE M 29 10 NONESUCH LOVVORRN MARK E & 30 12 NONESUCH CREE RICHARD E & ANNE W 31 6 NONESUCH HOLCOMB BRENDA KAY REVOCABLE 32 8 NONESUCH LAIRD WILLIAM P II & 33 2 NONESUCH DUNCAN GREGORY

Thursday, December 17, 2009