Historic Preservation Commission Agenda and Packet 2011 01 10

Home Browse Search

BACKGROUND The applicant, BLT Enterprises (Jacque Blanchard), has applied for a Historic Landmark determination for 817 Main Streetconsistent with requirements within Sec. 3.20.605.(c), of the Louisville Municipal Code (LMC) and is seeking Historic Preservation Funds to assist in the reconstruction of the building’sfront façade. Even though the owner has submitted an application for a landmark, his intent is to request a conservation easement for the front façade rather than a landmark of the entire building. The LMC states a conservation easement may only be accepted after a building has been deemed ineligible as a landmark. Furthermore, Section 15.36.060of the LMC, requires owners consentbefore a building can be landmarked. Staff has attached a copy of a conservation easement drafted by the City Attorney. The conservation easement designates the false front as being theonly element protected by the easement. The attached exhibit illustrates the proposed façade improvements which were delineated in the final planned unit development (PUD) planand approved by City Council on January 4, 2011. The applicant has requestedto have some flexibility on being able to maintain the false front without the need of an alteration certificate. To accommodate this request, staff has included performance standards in the conservation easement which will allow for minor modifications,such as painting. CONSERVATION EASEMENT: Because this would be the first conservation easement considered by the City of Louisville, staff wanted to take this time to provide some insight into what a conservation easement does. The following are frequently asked questions regarding Conservation Easements: 1. What Is A Conservation Easement? A conservation easement is a legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property.Each easement’s restrictions are tailored to the particular property and to the interests of the individual owner. An easement runs with the land therefore, once the easement becomes effective, the current owner and all subsequent owners are bound by the restrictions of the easement. An easement is recorded at the county courthouse and attached to the property deed so there is a public record of what the easement says and so all future owners and lenders will learn about the restrictions when they obtain title reports. 2. Can Easements Be Used To Protect Historic Structures? Easements can be used to protect historic structures. Typically such easements protect only the outside of a building and are called “Facade Easements”.Such a restriction maintains the historic appearance of the building. 2