Historic Preservation Commission Agenda and Packet 2011 12 19

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PAGE THREE SUBJECT: ORDINANCE NO. , SERIES 2011 — AN ORDINANCE AMENDING CHAPTER 15.36 OF THE LOUISVILLE MUNICIPAL CODE REGARDING THE PROCEDURES APPLICABLE TO DEMOLITION REVIEW OF BUILDINGS THAT ARE OVER FIFTY YEARS OLD DATE: DECEMBER 6, 2011 The HPC's primary issue with the above language is the statement "the building official is authorized to grant one or more extensions of time ". They believe this is an open ended statement which could extend any given permit for an immeasurable amount of time. Staff and the HPC want to create a process for a formal time frame and deadline for which demolition permits must be used, otherwise they will be deemed null and void. This amended requirement will eliminate the possibility for the issuance of dormant permits. OTHER EXPIRATION DATE REQUIREMENTS LMC Section 15.36.200.F allows for a three (3) year expiration date for demolition permits which are associated with a planned unit development (PUD) or special review use (SRU). .. which recognition shall be valid for a period of three years after city council approval of the PUD final development plan or SRU plan for which such referral was received. Such three -year period may be extended concurrent with any extension granted of the PUD final development plan or SRU plan." Thus the existing regulatory language provides varying expiration dates on demolition permits: • 3 years for a demolition permit attached to a PUD or SRU, (LMC 15.36.200.F) • 180 -days for a standard demolition permit (or an almost indefinite period for a permit that is ready but not paid for and issued). (LMC 15.36.200.L) Staff does not request any modifications to the time limits for demo applications associated with PUD's and SRU's (LMC 15.36.200.F). ISSUES ADDRESSED IN THIS CODE AMENDMENT: The following items reflect areas of concerns discussed at the July 12, 2011 Special City Council meeting as well as specific sections of the LMC that staff and HPC are recommending changes to the demolition process. Remove a Demolition Permit as the triggering mechanism, and creating an application process The City's current process requires any modification to the street facing facade or removal of 50% of the exterior finishes on a building, which is 50 years or older, to submit a demolition permit to the Building Safety Division to begin the demolition review by the HPC. The LMC code identifies the demolition permit as the triggering mechanism, incorporating the requirements as governed by the IBC. Staff wants to eliminate the complexities of issuing a permit and create a simplified application process.