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Planning Commission punts Baylor House issue to City Council

Friday, April 4, 2014 by Elizabeth Pagano

City Council will soon be asked to consider whether or not to grant historic zoning for Clarksville’s Baylor House, but they will have to do it without input from a dividedPlanning Commission.

 

A split Planning Commission was unable to offer a recommendation on the zoning change, which would be made against the current owners’ wishes.

 

The house at 1607 West 10th St. was once home to community organizer Mary Freeman Baylor. Among other things, Baylor led the (successful) fight against a proposed MoPac Boulevard construction that threatened Clarksville. She also fought to get basic services like paved roads, street lights, sewers and sidewalks to Clarksville in the 1970s. Clarksville’s Baylor Park was named in her honor.

 

Chairman Dave Anderson and Commissioners Jean Stevens, Danette Chimenti and James Nortey voted in favor of historic zoning. Commissioners Brian Roark, Alfonso Hernandez, Stephen Oliver and Richard Hatfield voted against. Commissioner Myron Smith was absent.

                                                                            

“I think that if you are going to tell a private landowner that they can’t do something with their property, you should have a compelling reason to do so, and I don’t think this is even close to a compelling reason,” said Roark, who noted that if Historic Preservation Officer Steve Sadowsky was unable to recommend historic zoning, it should even “be a starter” for the commission to consider it.

 

Though staff was unable to offer a recommendation on the case, the Historic Landmark Commission voted 5-0 to initiate historic zoning for the house (See Austin Monitor, March 4) Though daughters Cynthia and Linda Baylor both say they lived in the house until the 1970s, Sadowsky continues to rely on city directories that say the Baylors moved next door in 1964.

 

“All this talk about the historic value – I am from East Texas, and we have a phrase… I think this falls squarely under the ‘Taint Fair Doctrine.’ If the heirs of Ms. Baylor thought this house was that important, they shouldn’t have sold it,” said Roark. “It’s not fair, it’s not right, and I can’t think of any reason to even consider this as historic.”

 

Baylor’s daughter told the commission that the house was sold to Sean Kubicek by her father’s cousin. Kubicek said that it was sold to him as a tear-down and he planned to move the house and build a 2,000 square foot house that would better accommodate his family.

 

The owner’s father, Jan Kubicek, also spoke against the historic zoning. He drew a thick line between Baylor’s contributions to the city and the house itself, which he called “two distinct things.”

 

“This is a 528 square foot – no disrespect intended – hovel, that has not been maintained for 20 years” said Jan Kubicek.

 

Stevens, who lives in Clarksville, said she was sure the owners were informed about the historic significance of the house when they met with the neighborhood.

 

“Clarksville is soon going to disappear, with this type of development and people coming in, purchasing the land, claiming ignorance, then getting the free-for-all to do what they want,” said Stevens. “I certainly hope that the Historic Landmark Commission and the Preservation Department get on ball (and) starts giving this area the attention that it needs through the local historic district. Perhaps we can stop this.”

 

Chimenti noted the importance of preserving “the houses that aren’t so grand.” She said that she had to listen to the testimony of the Baylor daughters, even though it was contradicted by city directories. She pointed out that the alternative of preserving the house next-door, which was also home to Baylor, would be difficult because of the architecture.

 

“If there is going to be a house associated with Mary Baylor, it’s going to be this home,” said Chimenti.

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