Historic Preservation Commission Agenda and Packet 2011 12 19

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PAGE FIVE 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 above language establishes a one year expiration for demolition applications. This is similar to the expiration of a Preliminary Plat and Planned Unit Development (PUD). A one year time period gives adequate time for applicants to finalize construction plans, select a contractor and receive construction financing. The HPC recommends the permit be specific to the applicant on the application. An application would be considered void when the name on the application has changed. Note, staff does not recommend adoption of an applicant requirement. The City Attorney advises that while the Colorado courts have not addressed this specific issue, courts in other jurisdictions have generally held that permits are not personal but instead pertain to the development of land irrespective of the identity of the owner. There are certain exceptions —for example, as respects the City's own practice, certain CRMS approvals and some SRU approvals have been made personal to the applicant, the latter on the basis that compatibility of an SRU may depend on the specific practices of the operator. On the other hand, if the applicant or any successor owner must always act in accordance with the demolition application, the owner explanation, and drawings, approvals and permit, a provision making the approval personal could be overbroad. Because of this, staff does not recommend having the application specific to the applicant. Staff has included the HPC's proposed language in the amended ordinance for City Council to discuss and provide direction to staff. Clarify the definition of walls LMC Section 15.36.020.c.1 states a retained wall shall include "studs or other structural elements, the exterior wall finish, and the fully framed and sheathed roof above that portion of the remaining building to which such wall is attached ". There is no definition for "exterior wall finish" therefore, it is left up to interpretation and may be interpreted to not include windows or doors. In Louisville and throughout the County there has been discussion regarding the value windows bring to the architectural character of a building. Windows are the most visible, yet commonly under - appreciated components of any home or building.