Mejor pedir perdón que permiso
“It is better to seek forgiveness than permission.”
Unless you believe in justice and the rule of law. Or have an economist’s need for certainty and market stability. If you are just trying to get away with stuff, perdón beats permiso for sure. Yay criminality!
This is an attitude you come across in historic preservation – indeed, urban development in general – all the time. People just go ahead and whack away at their building without permits and hope they can get away with stuff.
Often they do. In San Antonio, violating a permit (or not having one) does not have a financial penalty. In some cases, the building owner can be required to put things back the way they were, although absent clear and malicious intent, that rarely happens. In other places, you can be fined up to $500 a day until you put it right.
Usually it is windows, because a generation of shilling has left the average building owner believing that replacement windows are normal and helpful. You can read all about that here and here.
Now take a gander at the above photo. What is it? It is a kiosk, I say. That is what the permit that was approved in 2018 said. A park with some trails and benches and a small retail kiosk.
So, the developers got an approval for a kiosk, which quietly morphed into a 5,000 square foot restaurant, plus 3,000 square feet of outdoor seating. Let’s hear it for open space!
This case is not the malicious building owner as much as the misdirecting one, and often it is the city facilitating the sleight-of-hand. We (Conservation Society) called it “bait-and-switch” in our statement, which recalled the drawings from 2018 which included no restaurant at all.
We do see this from the development community, especially between the “conceptual approval” of a development and “final approval.” “Conceptual approval” will often feature nicely finished new buildings, which then get dumbed down into cereal boxes by value engineers prior to “final approval.” Or, the old building they promised to save has deteriorated so much (often by active undermining) that they can no longer save it, it costs too much cry cry cry.
I think it would be better if we got back to a level playing field where ALL building owners played by the same rules, and promises made one year were still valid the next. Here’s hoping that an era of sneaking and cheating comes to an end.
JULY 2021 UPDATE
I noticed that the Louisiana legislature is considering a bill that would allow New Orleans to double the fines for violating building permits to $1,000 a day to “deter bad actors”. That would be good here as well.
Why are they called replacement windows?
Because you have to keep replacing them. I have been lecturing and blogging about replacement windows for twenty years. Here’s a good one from 2005. Here in San Antonio my window lectures go back five years, even though I’ve only lived and worked here for 3 1/2. Yet still, we are plagued with well-meaning homeowners and developers who think replacement windows are a key upgrade.
As I explained in 2005, the issue is one of viral marketing, the kind that makes you get out of bed, stretch your arms and replace your windows because you just KNOW it is right. Oh, but I am saving energy, you say!
A historic window made of old-growth, non-warping dense-grained wood can be restored and made energy efficient. And up to a fourth of replacement windows are improperly installed (see above) so that the main source of air infiltration – THE FRAME – is still leaking like a sieve. In fact, a new tighty whitey plastic window may well force MORE air through the frame.
Now, when I first began public speaking about window replacement mythology, I was in the North and now I am in the South. And the issue is pretty much the same – you save energy – whether heating or cooling – by limiting air infiltration and installing insulation. The problem is, the myth of the replacement window so colors our perception that we can’t see things right in front of us.
The power of the myth is so strong that the writers of this magazine failed to interpret the cover photo correctly. This is a heat audit, where red and orange illustrate air infiltration and heat loss. Blue is where there is less air infiltration and heat loss. So the obvious conclusion is that this house needs to insulate its roof, because it is raging red. But that’s not what they saw – they saw blue windows and celebrated their replacement. (You can see classic frame infiltration in the center second-story window.)
Today we drafted a statement for tomorrow’s Historic and Design Review Commission that covered FIVE different buildings trying to get replacement windows. A couple had a little rot on the bottom rail or sill, but most were in fine shape. They. Could. Be. Fixed. That is the bottom line.
We lose sight of this basic truth by focusing on replacement window materials – should they be wood? Plastic (vinyl)? Aluminum clad?
At some level I don’t care. Once you have landfilled the historic windows it becomes academic. The whole point of heritage conservation is reusing things that are valuable.
It is hard to keep the simple fact of “Fix it. don’t ditch it” in a mind poisoned by a generation of relentless advertising.
They are called replacement windows because you have to keep replacing them. That is the business model.
The Transylvanian Heritage Landscape
It was just as they said it would be. Like walking into a fairy tale. Quaint villages lined with brightly painted stucco houses with rust-colored tile roofs, fortified churches and watchtowers, an architecture at once Classic and Romantic. Furrowed fields in a patchwork, horse-drawn carts, forests brimming with wolves and bears and a sense that not only have we left behind the 20th and 21st centuries but even the late 18th is seeming a bit too hectic for this cultural landscape. Continue Reading
How To Weatherproof Your Windows
Many previous posts deal with windows and the benefits of repairing historic wooden windows. A post from November detailed one of my do-it-yourself repairs of my perfectly square, well-functioning 110-year old windows and just this week I shared the details of my heating bill. Now, you can learn “How To Repair and Weatherproof your Windows” in a workshop of that name this Saturday, March 7, from 9-10 AM at Von Dreele-Freerksen, 509 Madison Street in Oak Park. It’s free!
In 2005 I did a panel on windows with Doug Freerksen, who brought his tools and discussed how you can repair and weatherproof your windows, so I know it will be a good seminar.
BTW, you CAN’T do a seminar on “How to Repair Your Replacement Windows.”
Insulation, not replacement windows
The Obama stimulus bill has $5 billion for making modest income homes more energy efficient. The way to do this is to insulate their attics, not replace their windows. Once you insulate the top of your house, you have completed 80% of your energy savings. The marketing by window replacement manufacturers and vendors disguises this fact, but it is obvious once you remember one principle from elementary school: heat rises.
A few hundred dollars of insulation will thus do more for energy efficiency than a thousand dollars of replacement windows. The cheapest replacement windows, under $200 plus installation, will take 30 years to pay for themselves in energy savings, and will not last nearly that long. Continue Reading
windows windows more windows
After a very good article about window replacement not long ago, today’s Your Place section of the Tribune slipped back into bad habits with a cover story arguing that old drafty windows are “so last winter.”
replace your windows
Image: The permanent fog of a 1980s replacement window.
Friday there was an article about replacement windows in the Tribune. Like most consumer-oriented pieces, it warned about the pitfalls and pitches of various types of window replacement – wood is a better insulator but more expensive; plastics can’t match colors and look like crap; installation makes all the difference. The last point is a good one – a large fraction of people who replace their windows don’t get much energy savings because the key is the window frame and if it is not replaced, the air just runs right around those new $500 double-glazed tilt-pacs.
But the key consumer decision was left out of this article, as it usually is. How about repair? The sustainable answer, the answer that employs people but pollutes less. Continue Reading
Replacement Windows
Heating bills going up? You need replacement windows – save up to $200 per year with $20,000 in new plastic windows – guaranteed for up to 10 years!
I suppose “Truth in advertising” is as oxymoronic as “sport utility.” Fact is that replacement windows are the most successful home improvement marketing scheme of the 21st century. More buildings have had their windows replaced in the last five years than ever – not because more buildings NEEDED their windows replaced – it is simply super successful marketing, the kind that crawls under your skin and populates your dreams and becomes entirely reflexive.