Historic-window case nears end

Last summer, Walter Stackman hired a contractor to replace 12 rotting windows in his Geneva home with vinyl windows he says looked the same from the street and were more energy efficient.

But the 76-year-old had the work done without first asking the city for permission to make the change to his 1940s-era home, which is part of a historic district.

Whether Stackman had to apply for a building permit -- which triggers a review process from the city's Historic Preservation Commission -- is at the heart of the matter.

Stackman's attorney, Peter Storm, argued in Kane County Court Monday the city overstepped its authority by requiring approval from the preservation commission.

Simply replacing a window and not changing its size or shape is not a substantial alteration -- such as an addition -- that would require a building permit and city review, Storm said.

Furthermore, the home has eight other vinyl windows from a past addition on the home before the historic district was created, Storm said.

Because the commission denied Stackman's request and the city council upheld it, he went to court.

Judge Michael Colwell said he understood the concept of historic preservation laws and supports them as an area resident.

"Does fundamental fairness ever come into the thinking of those who administer (historic preservation laws)?" said Colwell, who will issue a ruling Oct. 15. "I guess anybody who lives in the district needs a buyer beware sign."

Kenneth Hoch, an attorney representing the city, said the commission had reviewed 15 window replacement applications in the 16 months before Stackman's case.

Overall, historic district property owners are encouraged to focus on repairs first, using original materials and only replace something if absolutely necessary.

"The windows that Mr. Stackman took out were original -- original to the house and were protected," Hoch said. "They were not to be discarded without prior approval by the Historic Preservation Commission."

Historic districts would end up like a sanitized version of Disney World if homeowners were allowed to use similar looking non-historic materials, Hoch said.

Stackman said he is still nervous about the case.

"This has been over a year and I wake up at night and it's on my mind," he said. "It's just been a horror story."

Geneva City Attorney Chuck Radovich would not comment on any action the city would seek if it won the case against Stackman.

According to the city code, violators of the preservation code can be charged with a misdemeanor and fined up to $750. Each day and violation of the code is considered a separate offense.