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Home My WebLink AboutA035 - Appeal of Conditions of Approval of a Certificate of Appropriateness for 904 Kellogg AvenueITEM #:34 DATE:07-28-26 DEPT:P&H SUBJECT:APPEAL OF CONDITIONS OF APPROVAL FOR A CERTIFICATE OF APPROPRIATENESS FOR 904 KELLOGG AVENUE COUNCIL ACTION FORM BACKGROUND: The property owner at 904 Kellogg Avenue installed two mini split air source heat pump systems with external supply lines in 2025. Staff received a complaint about 904 Kellogg Avenue in spring 2026 that the property underwent alterations for mini split systems without the necessary approval from the Historic Preservation Commission. Staff issued a Notice of Violation on April 9 to the owners indicating that a Certificate of Appropriateness (COA) was required and the system was subject to City Historic Review Standards of Chapter 31 of the Ames Municipal Code. Staff determined that the external supply lines constituted an alteration within the meaning of Chapter 31 and a COA was required. The owner subsequently applied for a COA to allow the installation of two ground-mounted heat pump systems with supply lines that run along the north and south sides of the property located at 904 Kellogg Avenue to approve as-is. The original application and detailed HPC report are attached. The applicant did not attend the meeting to discuss their situation and relied upon their written application to the HPC. The Historic Preservation Commission reviewed the application on May 11, 2026 and approved the application with the following conditions: 1. All PVC pipes are painted to match the house. 2. A portion of the pipes on the north side are exposed. Modify the exposed pipe so they are encased, discreet, and blend with the structure in color (This is the conditioned that is being appealed). 3. All conditions are met within 4 months of approval. A 30-day extension may be granted by staff due to unforeseen circumstances. The owner subsequently appealed the decision of the HPC within 30 days of the approval. A stay on the approval has since occurred. The owner contends that it is not practicable to implement Condition #2 related to the exposed supply line pipes (See attached appeal information and contractor email. Note this is new information not provided to the HPC). APPEAL PROCESS: Section 31.16 of the Municipal Code related to appeals states: 1 "Any person aggrieved by or adversely affected by a decision of the Commission may, within thirty (30) days of that decision, appeal the Commission's actions to the City Council. The Council shall determine whether the commission exercised its powers in accordance with the applicable laws and ordinances, and whether the commission's action was patently arbitrary". Exterior alterations of a property located in the Old Town Historic District are required to receive a Certificate of Appropriateness. Chapter 31 does not have guidelines that directly speak to the installation of mini split systems as they are a relatively new phenomenon. The HPC applied the general alteration criteria to the request. When Chapter 31 does not provide specific criteria, the Secretary of Interior's Standards for Rehabilitation and the Design Guidelines for Alterations are used to make a determination. The Commission determined that the design of the system as routed along the walls with no concealment and blending of color into the house made it incompatible with the historic character of the home. In consultation with the City Attorney, the appeal review standard is not a "de novo" hearing, meaning it is not a fresh review of the application. The Council is charged with deciding if the HPC acted patently arbitrary in its application of the Chapter 31 standards for the subject application based upon the information included in the application and the review at the May 11 meeting. Since the time of the May 11 meeting, the applicant provided an additional opinion that the conditions would be difficult to meet and does not want to comply with the requirements. The City's alteration criteria are focused on maintaining historic character consistent with the Secretary of the Interior's Standards for Rehabilitation. The attached HPC report details the s t andard s. The owner's appeal focuses on their concerns of compliance and do not address how the proposal is consistent with any of the historic standards that apply to alterations. The HPC utilized the Secretary's standards and applied them in a reasonable manner consistent with the guidance for Rehabilitation, including consideration of economic and technical feasibility based upon the information provided, and determined that the system could be approved, but the overall conditions were necessary to approve the application. ALTERNATIVES: 1. Approve a Resolution to deny the appeal of the conditions of approval for a Certificate of Appropriateness for 904 Kellogg Avenue by finding the HPC acted consistent with the standards of Chapter 31. 2. Move to remand the application to the HPC to consider new information from the appellant for the project at 904 Kellogg Avenue. 3. Adopt a Resolution approving the appeal of the conditions of approval for a Certificate of Appropriateness for 904 Kellogg Avenue by finding the HPC determination was arbitrary in relation to the standards of Chapter 31. 2 CITY MANAGER'S RECOMMENDED ACTION: The overall review process for alterations is designed to protect the integrity of the historic resources of the historic district. Alterations are intended to be reviewed before an owner undertakes a project to ensure that appropriate treatments and standards are applied to the project to ensure consistency with these standards. Based upon the May 11 proceedings, staff believes the HPC applied the correct review criteria for the alterations and applied the criteria reasonably to the situation based upon the information that was presented. Therefore, the City Manager recommends the City Council approve Alternative No. 1 upholding the HPC conditions of approval for the mini split system and deny the appeal. The appellant's recent assertions regarding the design and its practicality for being encased were not considered by the HPC and are not directly relevant to the appeal standard. Staff does not know if the applicant had presented this type of information initially, whether the HPC would have considered different conditions of approval. If City Council believes the appellant has significant new information from a contractor that should be considered for the project, the City Council could remand the application to the HPC to review with Alternative No. 2. ATTACHMENT(S): May 11th HPC Material 904 Kellogg Avenue Appeal and Contractor's Statement.pdf 3 Effective Date: November 29, 2022 3 Certificate of Appropriateness Application Form (This form must be filled out completely before your application will be accepted.) 1. Property Location for this request for a Certificate of Appropriateness: 2. Existing and Proposed Use of the Property: 3. Property Owner: Business: Address: (Street) (City) (State) (Zip) Phone Number: E-mail: 4. Applicant: Business: Address: (Street) (City) (State) (Zip) Phone Number: E-mail: 5. Contact Person: Business: Address: (Street) (City) (State) (Zip) Phone Number: E-mail: 4 Effective Date: November 29, 2022 4 Obtaining approval of this Certificate of Appropriateness does not absolve the applicant from obtaining all other applicable permits, such as Building Permits, IDOT access permits, etc. I (We) certify that I (we) am (are) familiar with applicable state and local codes and ordinances, the procedural requirements of the City of Ames and have submitted all the required information. Signed by: _________________________________________ Date:_________________ Property Owner(s) _________________________________________ Print Name Note: No other signature may be substituted for the Property Owner’s Signature. 5 Effective Date: November 29, 2022 5 Certificate of Appropriateness Checklist This form must be filled out completely and the following information is required as part of the submittal of a request for a Certificate of Appropriateness. Please attach your answers to each item. ❑ A written statement that shall include the following: ❑ Description of the project ❑ Types of materials to be used ❑ Dimensions of proposed alterations and new construction ❑ Architectural style of alterations and new construction. ❑ Photographs showing the existing condition of all structures and areas of the property proposed for alterations and/or new construction. ❑ Drawings and/or manufacturer’s information, illustrating the design of proposed alterations and new construction. ❑ For all new buildings, additions, and fences, a Site Plan, drawn to scale, on a sheet no larger than 11 x 17 inches, including the following information: ❑ Date of preparation ❑ North arrow ❑ Scale ❑ Property address ❑ Name and address of the property owner(s) ❑ Name and address of the applicant ❑ Name and address of the person of firm preparing the Site Plan ❑ Dimensions of all property lines, structures, existing setbacks and distances between structures, and paved surfaces to the nearest one-tenth (1/10) of a foot ❑ Locations of all existing and proposed structures, additions to structures, and paved surfaces, including all buildings, fences and other structures on the property ❑ Exterior elevations for all proposed buildings and additions, showing all sides of the proposed construction ❑ Other pertinent information necessary to fully understand the need for a Certificate of Appropriateness. (e.g., significant change in topography, location and size of mature trees, etc.) 6 1 ITEM # 5 DATE 05-11-26 COMMISSION ACTION FORM SUBJECT: CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO FAÇADES AT 904 KELLOGG AVENUE, IN THE OLD TOWN HISTORIC DISTRICT BACKGROUND: The applicants have applied for a Certificate of Appropriateness to allow the installation of two ground-mounted heat pump systems with vinyl PVC pipe supply lines that run along the north and south sides (side façades) at 904 Kellogg Avenue. The home is a contributing property built in 1920. Staff received a complaint that 904 Kellogg Avenue underwent alterations for mini split systems without the necessary approval from the Historic Preservation Commission . Staff investigated the complaint and confirmed alterations without COA approval, see the application packet for details. Staff issued a Notice of Violation on April 9th to the owners, who immediately submitted an application for a Certificate of Appropriateness to approve the mini split they installed in 2025. The current guidelines do not directly address the proposal and it must be determined by the Commission if the project is consistent with Chapter 31 criteria for alterations. Staff has reviewed the proposal in connection with related guidelines and standards, such as siding, gutter/downspouts, and the Secretary of the Interior’s Standards for Rehabilitation. Project Description The owners have lived in and maintained the property for 30 years. The application narrative states, “at no time did we construe our actions as infringement in any manner upon the ordinances of the Old Town”. As mentioned above, the Guidelines do not clearly state that mini splits are considered an alteration, and the owners were not aware of the requirements. The applicants installed the mini split systems in June 2025, on both the north and south sides of the property. The applicants state that the property does not have forced air and the installation of a new forced air HVAC system would have required significant interior renovations. The installation of several mini splits was largely due to the mini split having the least impact on the historic structure and the interior of the home from their perspective. The project installed 5 air conditioning units for cooling of several rooms and a new electrical system to handle the new electrical load. The issue of mini-splits is typically not the main ground mount unit, which is similar to an AC unit and does not require a COA. The mini-split system can employ exterior supply lines rather than interior, which is an alteration of a façade. As in this case, the design may include multiple systems on the exterior of a house. 7 2 The supply lines for this project run both vertically and horizontally, which the applicant states is necessary to access each room without additional exterior impacts. The supply lines are encased in white PVC pipes on the south street facing façade. They are currently white and according to the applicant they have not been painted due to dust delays by City construction in the summer of 2025. The supply line on the north side of the property runs vertically up to roof eave, where it then travels west to the front edge of the house. The mini split pipe system is encased by a white PVC pipe up to the eave, where the pipe system is then exposed for the remaining distance. The applicant states the exposed pipe system is due to the chimney and electrical service line placement, which makes encasing the system difficult. The applicant did not propose to encase the exposed supply lines on the north side. Zoning Consistency The property at 904 Kellogg Avenue has a base zone of (RM) Residential Medium Density and the Single-Family Conservation Overly “O-SFC” District. All projects must comply with zoning standards. Table 29.702(3) of the Municipal Code specifies the Zone Development Standards for the RM district. RM base zoning controls use, setbacks, lot coverage, etc. There are no Zone Development Standards that address vents or external pipes in the RM district in relation to the proposal. The compatibility standards for the O-SFC district are found in Section 29.1101(9). These standards regulate various basic elements of the house and lot and are administered by staff. No action is required by the Commission to determine compliance with the O-SFC compatibility standards as external pipes are not outlined in the compatibly section. Historic Preservation Overlay “O-H” District The O-H overlay district designation has been applied to this property on the adopted Zoning Map for Ames. Under the requirements of Section 31.10, a Certificate of Appropriateness is required for proposed alterations, demolition, and new construction. The new pipe on the exterior of the house is considered an “alteration.” Section 31.10. Certificate of Appropriateness. (1) Any act of alteration, demolition, new construction, or relocation, as defined herein, shall require a Certificate of Appropriateness as further described below… (2) Alteration. An alteration is any act or process that changes one or more of the exterior features of a structure, such as windows, porches, siding, and other features identified under the Design Guidelines that do not increase the amount of gross floor area. A Certificate of Appropriateness for an alteration shall be permitted in the following instances. (a) An architectural feature has deteriorated to the point that is must be replaced. (b) Architectural features were added which modified the original qualities of the architectural style and the current property owner wishes to restore the 8 3 structure to the original architectural style. (c) Architectural feature may be added if the feature is appropriate to the architectural style of the structure. 2003 Site Inventory Form for 904 Kellogg Avenue. See attached form for details. The 2003 Site Form notes the property as a Contributing structure. The home is an American Four-Square style with Craftsman influence. The house sits on a corner lot, which was historically used for showcase homes. Secretary of the Interior’s Standards for Rehabilitation. Section 31.12, of the Municipal Code, includes the Secretary of the Interior’s Standards for Rehabilitation. These standards, from the U.S. Department of the Interior, National Park Service, shall be followed. The standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. The following Standards apply to the request under consideration: Section 31.12. The Secretary of the Interior’s Standards for Rehabilitation. (9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Standards 1 through 8 are not applicable to the proposed pipe. Staff believes that the addition of the PVC pipe onto the exterior of the house in the manner proposed can be consistent with Standards 9 and 10, as described above, if the pipe is painted to match the lap siding. It could be found that it does not detract and that it could be removed with out changing the historic character or materials. The exposed pipe system could be encased by PVC pipe if the Commission determines that to be necessary to meet the standards. DESIGN GUIDELINES AND DESIGN CRITERIA: Design Guidelines for Alterations. Design Guidelines are the standards intended to preserve the historic and architectural character of the district. The following Design Guidelines for Alterations apply to this request for a Certificate of Appropriateness, described in Section 31.13 (9) & (12) as follows: (9) Gutters and Downspouts. (Included as a similar type of feature to the supply lines) (a) Built-in gutters and other historic drainage provisions such as wood gutters shall be retained whenever possible. (b) Downspouts and gutters may be added if they have not previously existed. 9 4 (c) Metal gutters and downspouts shall be permitted when dealing with a building where a water removal system never existed or where repair of the historic system is not possible. (d) Half-round gutters and round downspouts or Roman ogee (K-style) gutters and rectangular downspouts shall be permitted. (e) Downspouts shall be run vertically. Diagonals crossing roof planes and walls shall not be permitted. (12) Siding/Exterior Materials. (a) The historic exterior siding material shall be retained whenever possible. (b) Cementitious siding (smooth finish) of an appropriate profile is permitted for portions of the structure that are not part of the original structure, and on additions that were built after 1941. Staff Comments on Design Guidelines for Gutters/Downspouts. This is not an application for Gutters/Downspouts , but the PVC pipe impacts, size, and orientation are similar. The intent of this guideline is to be sensitive to the character defining features of the home and minimizing visual impact of a modern feature that is not part of the homes period of significance. Gutters and downspouts are required to run vertically along the structure. The south façade has two separate supply lines, one runs vertically and one runs both vertical and horizontal. A portion of the mini split pipe system runs horizontally along the middle of the south façade above a sunroom and was not run vertically to the roof eave. The applicant states the system was designed in this manner so it was hidden behind the sunroom and not visible from the sidewalk. Staff Comments on Design Guidelines for Alterations to Siding/Exterior Materials. The applicant has added PVC pipes to the north and south sides of the residence. The pipes will originate in new ground-mounted heat pumps. The pipes run along the side of the house and along the eave on the north side of the property. They will enter the house through the second story and continue internally to limit any exterior impacts on the historic structure. The pipes will be visible, primarily from Kellogg Avenue. The Commission must determine if the pipe fits in within the historic context of the house. Materials and color are considerations in relation to this issue. Design Criteria for the Old Town Historic District. Design Criteria are the standards for architectural elements related to character defining features of specific types of architecture. The styles of architecture in the Old Town Historic District were established at the time the district was created. The Site Inventory Sheet from the survey completed in 2003, lists the style of architecture as “Queen Anne.” The Design Criteria for “Queen Anne” architecture is included in Section 31.14(1)(b) of Chapter 31 of the Municipal Code. Staff Comments on Design Criteria. Staff does not believe any specific criteria apply. 10 5 ALTERNATIVES: 1. The Historic Preservation Commission may modify the proposed Certificates of Appropriateness for the property located at 904 Kellogg Avenue in the Old Town Historic District if it finds that the proposed alterations comply with the Design Guidelines in Section 31.13(11) & (12) with only minor changes as follows: a. All PVC pipes are painted to match the house. b. A portion of the pipes on the north side are exposed. Modify the exposed pipe so they are encased, discreet, and blend with the structure in color . c. All conditions are met within 4 months of approval, a 30-day extension may be granted by staff due to unforeseen circumstances. 2. The Historic Preservation Commission can modify or deny the proposed Certificates of Appropriateness for the property located at 904 Kellogg Avenue in the Old Town Historic District if it finds that the proposed alterations do not comply with the Design Guidelines in Section 31.13(11) & (12) and require changes to design as follows: a. Design Guidelines for Gutters and Downspouts require gutters to run vertically, require the applicants to submit a plan to reroute the horizontal PVC pipe on the south façade to less conspicuous placement along the facade. b. A portion of the pipes on the north side are exposed. Modify the exposed pipe so they are encased, discreet, and blend with the structure. c. The PVC Pipes are unpainted. Modify the pipes to be painted to match the structure or deny the use of unpainted pipes. d. All conditions are met within 4 months of approval, a 30-day extension may be granted by staff due to unforeseen circumstances. 3. The Historic Preservation Commission could modify the approval with different conditions. 4. The Historic Preservation Commission can issue Certificates of Appropriateness for the property located at 904 Kellogg Avenue in the Old Town Historic District if it finds that the proposed alterations comply with the Design Guidelines in Section 31.13(11) & (12) as proposed with no painting or other changes to the supply lines if it finds is consistent with criteria for alterations. (applicants request) 5. The Historic Preservation Commission can refer this request back to the City staff and/or the applicant for additional information. DEPARTMENT'S RECOMMENDED ACTION: Staff was unable to approve the alterations due to mini splits not being outlined within the Guidelines. The interpretation of applying the Guidelines to these alterations rise to HPC review as a result. Past precedent of approving mini splits does not provide a clear example of whether to permit the changes or not as all previous examples met the Guidelines and were approved prior to installation. The proposed mini split systems are to the north and south sides of the property. Although this is a corner lot, the south façade is treated similarly to a side façade and not as a front 11 6 facade. The south side mini split is visible from Kellogg while the north side mini split is not readily obvious from the street. The recent two mini-split systems review by the Commission were for side yards and include vertical routing of supply lines, encasement, painting to ensure they blend into the façade to the extent practicable. The existing alterations include exposed piping on the north side and horizontal PVC piping on the south side, crossing through the middle of the south façade. Having two supply lines on one façade complicated options to comply with the typical guidelines. Due to these reasons, the alterations do not strictly conform to the Guidelines for Gutters and Downspouts, which have been used as a guide for past projects. The Commission may find the horizontal routing to be acceptable. The Design Guidelines also speak to new features matching the house in color. Staff recommends encasing and painting the white PVC pipes to match the house, which will make the pipes relatively discreet. No siding alterations are necessary other than the pipes point of entry. The pipes could be removed with very little damage to the exterior. Alternative 1 would comprehensively address these issues identified by staff and be consistent with the guidelines and past practice. 12 7 Attachment A Location Map 13 8 904 Kellogg Ave Photos 14 9 15 10 16 11 17 12 Iowa Site Inventory Form (Page 1) 18 13 Iowa Site Inventory Form (Page 2) 19 14 Iowa Site Inventory Form (Page 3) 20 15 Iowa Site Inventory Form (Page 4) 21 16 Iowa Site Inventory Form (Page 5) 22 James and Jacqueline Bovinette April 13, 2026 Certiﬁcate of Appropriateness Application Department of Planning and Housing Historic Preservation Commission City of Ames 515 Clark Avenue Room 214 Ames, IA 50010 Written statement: Dear Department of Planning and Housing, Historic Preservation Commission, 1.Description of Project: Certiﬁcate of Appropriateness for Mini split units installed June 2025. We received a notice April 13th, 2026, dated April 9, 2026, that a Certiﬁcate of Appropriateness was required for this installation. With regard to compliance issues with Old Town Ordinances at 904 Kellogg, we maintain that we have a long history of compliance to the premise of preservation that governs the principles of the city’s Old Town District, as we have lived at the address for more than 30 years (1996). Our history of compliance is exempliﬁed by our diligent eﬀorts to maintain, at great expense, the exterior and interior of our home. At no time did we construe our actions as infringement in any manner upon the ordinances of the Old Town which we have supported for these many years. Our decision to install air conditioning in June 2025, was vitally necessary given the scenario we faced. Cooling our home became an imperative due to the fact that we have chronic health issues that were being exacerbated by the 2025 water main construction on Kellogg Ave. The dirt, debris, and excessive heat with record heat indexes, prevented other alternatives such as opening the windows. From April until October 2025 the city water main project made our home unlivable without air conditioning. Under the circumstances, the mini split system oﬀered the least invasive solution to a real living need that we were experiencing. Our home is heated with a boiler and radiator system original to the 1913 home, and does not have forced air. We investigated the installation of a new forced air HVAC system but found it would have been nearly impossible to run the ducts without literally destroying the interior of this home. Additionally the installation was estimated to take several weeks to completion, and possibly months of wall repairs and interior painting. After consideration, we determined it was best to preserve the original interior layout, wood ﬂooring, and other precious period woodwork that would have been destroyed. 23 Before beginning the air conditioning installation, new electrical service was installed at considerable cost. There were a total of 5 air conditioning units to be installed and our old electrical system would not facilitate the electrical load. Our home has four bedrooms on the second ﬂoor. Each was ﬁtted with a new air conditioning unit; the main ﬂoor that includes our living room, dining room and kitchen was ﬁtted with a larger unit. Each unit has its own cooling line, electrical supply, and evacuation line. Placement was determined by the line distances from the compressor units. Compressor units have limited load capacity and are placed strategically to optimally accommodate the individual units. There are three units on the 9th Street side of the house, two on the upper 2nd ﬂoor, and the third tied to the main ﬂoor. Compressor units could not be installed in other locations on the property due to the layout of our home with regard to porches, windows, and electrical access. Supplying electrical service to the south portion of our home was a major issue for this installation and a signiﬁcant determiner for the placement of the compressor. The supply lines for each unit are encased in vinyl, designed by the manufacturer, and tied to the compressor. The placement of the lines is determinant upon the distance to the compressor and made with consultation from the installers as to what was necessary to get the system to work properly. With regard to our home, the lines on the south east corner had to be be routed across the ﬂat roof over our sunroom and tied to the line on the main ﬂoor, as a horizontal line along the length of the soﬃt would not drain correctly. The best option was to position the line so it would not be visible from the sidewalk on the the north side of 9th Street next to the house. The original installation plans included painting the vinyl encasements of the cooling lines from the units to the compressor. Due to the water main construction the painters were unable to do the work because the street construction needed to be completed, and the dirt on the house needed to be cleaned. The city did not complete the water main project until October. Unfortunately we had just had the house painted in 2024 which has more or less been ruined by the water main construction project. The estimates to clean the dirt is in excess of $2,000.00, in addition to the cost of painting the vinyl. As is, we believe that the mini split installation has not permanently altered the exterior of our historic home any more than our other utility lines, and its installation was absolutely necessary given the scenario we faced. In May we attempted to put a window air conditioning unit in the main ﬂoor window, however the heavy construction equipment rattled the unit loose and broke our window. This was the breaking point. We were not excited about having to spend the money, but it was necessary. 2.Types of materials: Mini split 3.Dimensions: see photograph page 2 4.Architectural style: Not applicable Photographs: See photograph- page 2 24 Drawings and/or manufacturer’s information: Mini split -see photograph- page 2 Site Plan: Not applicable-not a new building, addition, fence. Mini split -see photograph-page 2 Sincerely yours, James and Jacqueline Bovinette jkbovinette@gmail.com 515-441-9122 Photograph #1 25 May 5, 2026 Dear Parker, James and Jacqueline Bovinette  Supplemental Information for Bovinette Certiﬁcate of Appropriateness application submitted April 13, requested by City of Ames Planning and Housing Department regarding north side The compressor unit and the supply lines for two 2nd ﬂoor rooms on the north side were placed with consultation from the installers as to what was necessary to enable the system to work properly. One set of lines had to be routed horizontally along the eave around the chimney and next to the electrical supply line, over to the vertical drop to the compressor. The lines section along the eave is not encased in vinyl due to the 90 degree bends around the chimney and limited space next to the electrical line. Thank you, Jim and Jackie Bovinette 26 From: Jackie Bovinette <jkbovinette@gmail.com> Sent: Wednesday, June 10, 2026 1:14 PM To: Walsh, Parker Cc: Jackie Bovinette Subject: 904 Kellogg COA appeal [External Email] We’re writing to formally appeal the city’s condition in our certificate of appropriateness to encase the utility lines to our heating and cooling system on the north side of our home at 904 Kellogg. The condition is to modify the exposed pipe so they are encased, discreet, and blend with the structure in color. Since we outlined in our in our application that the installers were unable to encase the line set on the north side (see north side addendum May 5, 2026), we must formally appeal this part of the recommendation. We are not appealing on the basis of cost or aesthetics, the basis for the appeal is that it’s not possible. After receiving the recommendation to modify the line work on the North Side of our home we called our installers and presented the city’s condition, and they reiterated the points that we made in our application: that encasement of the lines was not feasible. We made this clear at the time that we submitted the certificate application, but had the installers come to our home and conduct another on site evaluation. Their assessment is as follows, and we are providing annotated pictures to help with the clarification: North side of the home from Kellogg with the lines as seen from the street. (From the Installer) The reasons why the line set on the north side of the home at the roof line is not in the line hide like the rest on the line set on the mini splits. 27 1. Is not enough space above the window casement to fit line hide due to the electrical conduit that is currently running through the same space. 2. (Photos depicts the space around the electric conduit above window casement) They don't make the fittings in order to run the line hide around the conduit and turn down 90 degrees. 3. 28 (Photos depict that the lines cannot be bent at 90 degree angles around the chimney to enable line hides) Getting 4-90's back to back in such a short span to get around the chimney would require multiple joints which are possible leak points. Currently there are no joints on the line set, it is one continuous run. With regard to painting the utility lines, the installer recommends that we paint the lines to match the house, same as our original plans back in June of 2025, The lines are the same as any other conduit for utilities, and can be painted to match the home’s exterior. This is standard practice when line covers are not useable. As stated in our application, we have supported the historical preservation of this home’s architecture and did our best to make the building livable under extreme duress from heat that threatened our health during the city’s water main construction from April-Sept, 2025. Jim and Jackie Bovinette 29 From: Jackie Bovinette <jkbovinette@gmail.com> Sent: Wednesday, June 10, 2026 3:22 PM To: Walsh, Parker Subject: Fwd: mini split [External Email] ---------- Forwarded message --------- From: Jackie Bovinette <jkbovinette@gmail.com> Date: Wed, Jun 10, 2026 at 3:00 PM Subject: Fwd: mini split To: Jackie Bovinette <jkbovinette@gmail.com> ---------- Forwarded message --------- From: Jim Bovinette <jimbv245@gmail.com> Date: Sat, May 30, 2026 at 9:40 PM Subject: Fwd: mini split To: Jackie Bovinette <jkbovinette@gmail.com> ---------- Forwarded message --------- From: Jim Bovinette <jimbv245@gmail.com> Date: Fri, May 29, 2026 at 8:29 AM Subject: Re: mini split To: Rob Nepper <nepper@goldenrulephc.com> Thanks Rob! This should do nicely. Jackie and I appreciate the company’s support and willingness to support us. As per our conversation, we don’t believe there should be any issues with the information you provided and look forward to working with you guys in the future. Jim Bovinette On Fri, May 29, 2026 at 7:48 AM Rob Nepper <nepper@goldenrulephc.com> wrote: The reasons why the line set on the north side of the home at the roof line is not in the line hide like the rest on the line set on the mini splits. 30 1. Is not enough space above the window casement to fit line hide due to the electrical conduit that is currently running through the same space. 2. They don't make the fittings in order to run the line hide around the conduit and turn down 90 degrees. 3. Getting 4-90's back to back in such a short span to get around the chimney would require multiple joints which are possible leak points. Currently there are no joints on the line set, it is one continuous run. #1234 Rob Nepper Install Manager 402-452-8740 nepper@goldenrulephc.com Check out our Learning Center Please view our Standard Terms of Use and Privacy Statement here. 31