City of Santa Fe Historic Districts Review Board Findings of Fact and Conclusions of Law Case # 2025-11328-HDRB Address – 433 Calle la Paz Agent’s Name – Richard Martinez, Martinez Architecture Studio, P.C. Owner/Applicant’s Name – The John C Gregory Revocable Trust and The Pamela S Austin Revocable Trust THIS MATTER came before the Historic Districts Review Board (“Board”) for hearing on December 9, 2025. BACKGROUND The 1,358-square-foot single-family residence at 433 Calle la Paz is listed as contributing to the Downtown and Eastside Historic District. The original portion of the home was built of adobe sometime between 1912 and 1930, with four subsequent expansions, all of which were added before 1970. The residence is a vernacular interpretation of Territorial Style with Pueblo Revival influence in the additions to the historic footprint. The property contains a main residence, a casita, and a freestanding single vehicle garage with yard walls along each street and some wood fencing. The main entrance of the residence is on the north, which is its only primary façade. The residence retains its original fenestrations with mostly two-over-one wood windows, except one six-over-one, wood-clad and one one-over-one vinyl window. The doors are wood, except for one metal door on the east elevation. Character-defining elements of the main residence include the original core, original fenestrations fitted with two-over-one wood windows, and the brick cornice. The Applicant provided an assessment of the windows and doors throughout the residence, done by Ra Patterson, RPA & Associates, LLC. There is a combination of historic and non-historic windows and doors in various stages of wear. The 264-square-foot west-facing garage was constructed before 1958 of hollow, clay-tile blocks in a Spanish Pueblo Revival style, and has a contributing status. The west-facing vehicle door is a double-chevron wood overhead door in a natural color with blue trim that matches the blue of the roof overhang. The west façade is the garage’s only primary façade. The 564- square-foot casita is listed as non-contributing to the historic district. It was constructed in the early 1980s with frame construction that seems to encompass an older structure on its south end. There are 70-inch-tall yard walls along both Calle la Paz and Camino Manzano, which were constructed after 1983. The yard wall on Camino Manzano starts at the south corner of the lot and runs to the edge of the guest house. Closer to the guest house is a wooden pedestrian gate topped with a header. At the south end of the guest house starts a 72-inch plank fence that runs for about five to 10 feet before ending in a wire fence that is damaged by the overgrown foliage that clings to it. Finding of Fact and Conclusions of Law – Remodel or New Construction Case # 2025-11328-HDRB p. 2 In Case # 2025-10839-HDRB the Board maintained the main residential structure’s contributing status and designated the north as its primary façade, excluding the portal, which appears to be new. The Board also designated the garage as contributing with the west as its primary facade, and designated the guesthouse and yard walls as non-contributing due to their modernity. The Applicant proposes the following exterior alterations: Main Residence: 1. Replace all windows and replace east-elevation door. An exception is requested to Santa Fe City Code Section 14-5.2(D)(5)(a)(i) to replace historic windows on the primary, north façade. The windows will be replaced with double-pane wood windows with divided lites, and sizes to match the existing windows. 2. Replace vigas and beams on the north portal with identical viga posts and beams to remove deteriorated and painted wood. 3. Install wood railings to span the side of the existing portal. 4. Install exterior stairs with iron handrails on the north side of the northern portal. 5. Construct a 210-square-foot portal to a height of 10’6” on the east of the main residence. The portal will have a stucco and wood slat cover. Garage: 1. Refinish the garage vehicle and pedestrian doors. Casita: 1. Construct a 148-square-foot portal to a height of 11’7” on the west elevation. The portal will be Spanish Pueblo in style with a stucco parapet, square columns, and double corbels below a wood header. 2. Replace windows and doors. All the windows on the casita are non-historic from 1987 to 2015. The windows will be replaced with divided lite grid, double-pane wood windows. 3. Install an overhang on the south elevation. Property: 1. Construct a 5-foot-high coyote fence on the Camino Manzano or east side of the casita to replace the wood slat and metal wire fencing there currently. 2. Construct a 5-foot-high coyote fence on the north property line with a pedestrian gate on the west between the fence and the garage. 3. Remove interior courtyard walkways and install a water fountain. FINDINGS OF FACT After conducting a public hearing and having heard from the Applicant and all interested persons, the Board hereby FINDS, as follows: 1. Land Use Department Staff conducted a preliminary zoning review (“PZR”) and determined that the application appears to meet the underlying zoning standards set forth in the Santa Fe City Code (“SFCC”). Finding of Fact and Conclusions of Law – Remodel or New Construction Case # 2025-11328-HDRB p. 3 2. Historic Preservation Division Staff reviewed the application and related materials and information submitted by the Applicant for conformity with applicable SFCC requirements and provided the Board with a written report of its findings (“Staff Report”), which evaluates the factors relevant to the application. 3. Historic Preservation Division Staff Recommendation: Staff found that the exception criteria had been met and recommended approval of the exception to SFCC Section 14- 5.2(D)(5)(a)(i) to replace historic windows on a primary facade. Otherwise, the Staff recommended approval of the other elements of the application, as they comply with SFCC Sections 14-5.2(D), General Design Standards for all Historic Districts, and 14-5.2 (E), Downtown and Eastside Historic District Design Standards. 4. The project is subject to SFCC Section 14-5.2(C), Regulation of Significant and Contributing Structures. 5. The project is subject to the requirements and general design standards set forth in SFCC Section 14-5.2(D), General Design Standards. 6. The property is located in the Downtown and Eastside Historic District and is subject to the district design standards set forth in SFCC Section 14-5.2(E). 7. Under SFCC Sections 14-2.6(B-C), 14-5.2(A)(1), 14-5.2(C)(2)(a-d & f), 14-5.2(C)(3)(a- b), 14-5.2(C)(4), and 14-5.2(D), the Board has authority to review, approve, with or without conditions, or deny, all or some of the Applicant’s proposed design to assure overall compliance with applicable design standards. 8. Under SFCC Section 14-5.2(D)(5)(a)(i), historic windows on the primary façades of contributing structures shall be repaired or restored wherever possible. 9. The Applicant proposes to replace historic windows (H and J) on the north, primary façade of the main residence. The Staff determined that an exception to SFCC Section 14-5.2(D)(5)(a)(i) would be required for approval of the application, and the Applicant requested an exception. 10. To obtain an exception, the Applicant was required to conclusively demonstrate that the three exception criteria set forth in SFCC Section 14-5.2(C)(5)(b) have been met. 11. Based on the information set forth in the Staff Report and exhibits, and the evidence and testimony presented at the hearing, the Board agrees with the Staff’s finding that the Applicant has conclusively demonstrated that all exception criteria have been met: a. Pursuant to SFCC Section 14-5.2(C)(5)(b)(i), the Board finds that granting the exception would not damage the character of the district, because the replacement windows will be in-kind, and will duplicate the size, style and material of the originals, consistently with SFCC Section 14-5.2(D)(5)(a)(i); b. Pursuant to SFCC Section 14-5.2(C)(5)(b)(ii), the Board finds that the exception is required to prevent a hardship to the Applicant or an injury to the public welfare because, according to a window assessment by a qualified window assessment professional, water penetration is damaging the adobe, the windows must be removed to properly flash the openings to stop the water penetration, but the window jambs cannot be removed without destroying them, making the windows unrestorable; and c. Pursuant to SFCC Section 14-5.2(C)(5)(b)(iii), the Board finds that granting the exception would strengthen the unique heterogeneous character of the City by providing a full range of design options to ensure that residents can continue to reside within the Historic Districts because replacement of these windows will Finding of Fact and Conclusions of Law – Remodel or New Construction Case # 2025-11328-HDRB p. 4 increase the lifespan of a habitable, historic house by stopping its structural deterioration due to seepage of moisture at the windows. 12. The Board finds that the Applicant has conclusively demonstrated that all of the exception criteria have been met with respect to replacement of the historic windows on the primary façade of the main residence. 13. The Board determined that an exception is not necessary for replacement of these windows and door: a. Residence, window I, north, primary façade: The evidence shows that this window is not historic; b. Residence, windows A, C, D, E and F, west, south and east façades: The evidence shows that these windows are not historic, and they are not on primary façades; c. Residence, window B, west façade, and window G, east façade: The evidence shows that these windows are historic, but they are non-restorable and they are not on primary façades; d. Residence, door # 1, east façade: The evidence shows that this door is not historic and it is not on a primary façade; e. Garage: The Applicant seeks approval to refinish, not to replace, the window and doors on this contributing structure, which does not require an exception; and f. Casita: This structure is non-contributing and the evidence shows that all windows and doors on it are non-historic. 14. The information contained in the Staff Report and exhibits, and the testimony and evidence submitted at the hearing, establishes that all applicable requirements for Board review as herein described have been met. 15. The information contained in the Staff Report and exhibits, and the testimony and evidence submitted at the hearing, establishes that all applicable design criteria have been met. CONCLUSIONS OF LAW Under the circumstances and given the evidence and testimony submitted during the hearing, the Board acted upon the application as follows: 1. The Board has the authority to review and approve the application. 2. The Board approves Items # 1-5 with respect to the main residence, as set forth in the application. 3. The Board grants the exception requested in the application for replacement of the historic windows on the primary façade of the main residence. 4. The Board approves Item # 1 with respect to the garage on the property, as set forth in the application. 5. The Board approves Items # 1-3 with respect to the casita on the property, as set forth in the application. 6. The Board approves Items # 1-3 with respect to the property perimeter and courtyard, as set forth in the application and as recommended by Staff. IT IS SO ORDERED ON THIS 8th DAY of SEPTEMBER, 2026, BY THE Finding of Fact and Conclusions of Law – Remodel or New Construction Case # 2025-11328-HDRB p. 5 HISTORIC DISTRICTS REVIEW BOARD OF THE CITY OF SANTA FE. _______________________ _____________ Cecilia Rios, Chair Date FILED: ______________________ ______________ Geralyn Cardenas Date City Clerk APPROVED AS TO FORM: _________________________ ______________ Frank Ruybalid Date Assistant City Attorney