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HomeMy WebLinkAbout2015-11-10 PACKET 05.A.TO: Advisory Committee on Historic Preservation FROM: John M. Burbank, Senior Planner DATE: November 4, 2015 RE: Historic Registered Properties Background/Proposal Over the course of the last year, several questions related to the City's Local Register of Historic Places and Landmarks have been raised. The first question is what does it mean to a property owner to have their property listed on the Local Register. In the early 1980's, the City of Cottage Grove was one of the first communities in the state to officially establish a Historic Preservation Program and become a certified Local Government with the State Historic Preservation Office. During that early period of Historic Preservation, the City inventoried over 300 historic properties within the community. Of those sites, 50 properties were included on the Historic Resource Inven- tory based on their significance in history, architecture, engineering, and culture. Of those 50 properties, 17 are listed on the City Register of Historic Places and Landmarks, with 4 of those also being on the National Historic Register. The City Ordinance related to the designation of Historic Sites and Landmarks is detailed below - 9 -9-4: DESIGNATION OF HISTORIC SITES AND LANDMARKS: A. Procedures: The city council, upon the request of the advisory committee on historic preservation, may by resolution designate a historic site, landmark, or historic district. Prior to such designa- tion, the city council shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least ten (10) days prior to the date of the hearing; notice of the hearing shall also be mailed to all owners of property which is proposed to be designated as a historic site, landmark or historic district and to all property owners within one hundred Advisory Committee on Historic Preservation Historic Registered Properties November 4, 2015 Page 2 of 5 meters (100 m) of the boundary of the area to be designated. Every nomination shall be for- warded to the Minnesota Historical Society for review and comment within sixty (60) days of the advisory committee on historic preservation's request. B. Eligibility Criteria: In considering the designation of any area, site, place, district, building or struc- ture in the city as a historic site or landmark, the advisory committee on historic preservation shall consider the following factors with respect to eligibility: 1. Its character, interest, or value as part of the history or cultural heritage of the city, the state or the United States; 2. Its association with persons or events that have made a significant contribution to the cultural heritage of the city, 3. Its potential to yield information important in history or prehistory, 4. Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail materials or craftsmanship; and 5. Its unique location or singular physical appearance representing an established or familiar visual feature of a neighborhood or community of the City. (1971 Code § 13A-4) The City does not register properties without the action being initiated by the property owner. Being on the Local and National Registers can make certain projects eligible for tax credits and available grant programs. Having a property listed on the Register impacts a property owner when modifica- tions to the exterior of a structure are proposed. No City historical review is required for internal remodeling projects. The Advisory Committee on Historic Preservation (ACNP) must review all exterior building permits and recommend that the City Council issue a Certificate of Appropriateness (COA) prior to any con- struction activity. Several COA's are issued every year in conjunction with registered properties. The City utilizes the Secretary of the Interior's standards for the treatment of historic properties as the basis for reviewing proposed work. Below is a summary of those standards: 1. A property will be used as it was historically or be given a new use which reflects the property's restoration period. 2. Materials and features from the restoration period will be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved. Advisory Committee on Historic Preservation Historic Registered Properties November 4, 2015 Page 3 of 5 6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. 7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically. 8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 10. Designs that were never executed historically will not be constructed. In relation to the alteration of historically significant properties, the City Code reads - 9 -9-6: ALTERATIONS TO LANDMARKS OR HISTORIC SITES; REVIEW: A. Review And Recommendations Generally: The advisory committee on historic preservation shall review and make recommendations to the council concerning proposed alterations to a landmark or an historic site. B. Building Or Land Use Permit: Every application for a building or land use permit which may result in the alteration of a designated historic site or landmark in the city shall be reviewed by the advisory committee on historic preservation; thereafter, the committee shall make a recommendation and may recommend conditions regarding approval to the city council concerning the proposed permit. No permit will be issued by the city building official unless a certificate of appropriateness has been granted by the city council. This certificate may contain conditions of approval that the council deems reasonable and appropriate. C. Plats, Variances Or Conditional Uses: Every application for a preliminary or final plat, variance or conditional use permit in relation to a designated historic site or landmark in the city shall be re- viewed by the advisory committee on historic preservation, and their recommendation shall be forwarded to the planning commission and to the city council to be considered by the planning commission in making their recommendation to the council. D. Other Building Permits: The advisory committee on historic preservation shall review and make rec- ommendations to the council concerning the issuance of city permits to do any of the following in an historic district in the city: 1. New construction. 2. Move a building. 3. Excavation. 4. Demolition. E. Factors Considered: The advisory committee on historic preservation, upon receipt of the permit application and plans, shall determine if the work to be performed adversely affects the designated Advisory Committee on Historic Preservation Historic Registered Properties November 4, 2015 Page 4 of 5 historic site or landmark. In determining whether or not there is an adverse effect to the historic site or landmark, the committee shall consider the following factors: 1. Whether the work will significantly alter the appearance of the building or structure so as to remove the features which distinguish the historic site or landmark as a significant cultural resource. 2. Whether the use of the property will destroy, disturb or endanger a known or suspected archaeo- logical feature site. F. Standards And Guidelines: The comprehensive cultural resource management plan adopted by the city shall be the authoritative guide to reviewing permits in relation to designated historic sites, land- marks and historic districts. The secretary of the interior's "Standards And Guidelines For Archae- ology And Historic Preservation" shall be the required basis for permit review decisions. This ordinance criteria for registering and managing historic properties has worked sufficiently over the years; however, in reviewing the criteria, there is no established language related to the process for delisting a property that is on the Local or National Register. This fact relates to the second ques- tion that the City has been repeatedly asked recently, which is what the process is for a property owner to get their property removed from the Register. This question is typically from newer owners that were not part of the original registration process. In reviewing this question, it was found that in 1994 the City did remove a property from the Local Register (Resolution No. 1994-226, which is attached). However, there is no detailed record as to the 1994 delisting process. Given the clear and concise procedures for registering a property, it would seem prudent to establish procedures for property owners seeking their due process before the City. Given the silence of the City Code in relation to this topic, it is suggested that the ACHP review the following text amendment language - 9 -9 -XX. DELISTING OF HISTORIC SITES AND LANDMARKS: A. Procedures: The City Council, upon the request of a property owner of a parcel of land that contains a structure or feature that is designated as a historic site or landmark, may by resolution remove the subject property from the City's Reaister of Historic Sites and Landmarks, or from a historic district. Prior to such action, the request shall be reviewed by the Advisory Committee on Historic Preservation. The committee shall make a rec- ommendation on the issuance of a certificate of appropriateness to the City Council. Prior to approving the resolution reaardina the removal request, the council shall hold a public hearina, notice of which shall have been published in a newspaper of general circulation at least ten (10) daysprior to the date of the hearina: notice of the hearina shall also be mailed to all property owners within five hundred feet (500 feet) of the boundary of the area to be designated. Every removal request shall be forwarded to the Minnesota Historical Society for review and comment within sixty (60) days of the advisory committee on historic preservation's request. B. Review Criteria: In considering the request to remove area, site, place, district, building, or structure from the from the local historic register, the advisory committee on historic Advisory Committee on Historic Preservation Historic Registered Properties November 4, 2015 Page 5 of 5 preservation and the City Council shall consider the followina factors with respect to the request for removal: 1. Have any conditions related to the property's character, interest, or value as part of the history or cultural heritaae of the city, the state or the United States changed? 2. Is the property eligible for the National Historic Preservation Reaister? 3. Does the inclusion of the property on the local historic register have a demonstra- ble hardship or cause negative impacts in the current property owner's ability to manaae or market the property. 4. Is the property's association with persons or events that have made a significant contribution to the cultural heritaae of the city clearly evident by the reaistration on the local historic register? 5. Will the property's association with persons or events that have made a significant contribution to the cultural heritaae of the city be neaatively impacted by the removal from the local historic reaister? 6. Can the property's potential to yield information important in history or prehistory still be obtained, documented, and distributed before and after the removal of the property from the local historic register? 7. Are there other examples on the local historic reaister or within the community that have similar distinauishina characteristics of architectural type or style, or elements of design, detail, materials, or craftsmanship? 8. Would the removal of the property from the local historic reaister detract from the significance of its historic past within the neighborhood and community? 9. Are there opportunities for the current property owner and the City to actively promote the history of the property with the site not included in the local Historic Register? Summary Establishing language in the City Code that allows historic property owners a clear means in which to request a change in the City's treatment of a property seems prudent and transparent and should probably have been included in the original drafting of the ordinances related to historic preservation. Recommendation That the ACHP discuss the ordinance amendment topic and make a recommendation to the City Council.