City Council Study Session Agenda and Packet 2013 09 10

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SUBJECT: METHODS FOR CREATING HISTORIC DISTRICTS DATE: SEPTEMBER 10, 2013 PAGE3OF3 The LMC requires the consent of at least 40 percent of the owners in a proposed district for an application to be considered under the Designation with Owner's Consent section. Applications for designation of a district will not be considered if there is written opposition to such district formation from at least 40 percent of the property owners within the district boundaries. When calculating the district's owner percentage, each property receives one vote. IMPLICATIONS The stated intention of Chapter 15.36 is “to create a method to draw a reasonable balance between private property rights and the public interest in preserving Louisville's unique historic character by ensuring that demolition of, moving, or alterations to properties of historic value shall be carefully considered for impact to the property's contribution to Louisville's heritage.” The methodology for creating a historic district specified by the LMC may contradict this intent in two ways: 1)Homeowner consent –The consent of the landowner is required when considering a potential landmark, yet it is possible to establish a historic district without the consent of every homeowner in a potential historic district. Specifically, the LMC allows a scenario where City Council could approve the designation of a district with only forty percent of the home owners explicitly agreeing to the designation and some percentage under forty opposing the designation, and the remaining home owners abstaining. For example, if only thirty percent of home owners in a proposed district opposed the formation of the district, those home owners could be included against their will. 2)Noncontributing structure inclusion within a Historic District – A Historic District boundary does not have to be contiguous and a noncontributing structure can be excluded from the district. However, it is also possible to include a noncontributing structure in a historic district. This raises questions of whether Historic Preservation Fund (HPF) monies should/could be provided to noncontributing structures in a historic district. It also raises the question of whether a noncontributing structure should/would still be required to submit alteration certificates for permitted exterior work. FISCAL IMPACT Not applicable RECOMMENDATION Discuss policy issues related to the methodology of creating a Historic District. ATTACHMENTS None CITY COUNCIL COMMUNICATION 7