City Council Study Session Agenda and Packet 2011 02 22

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COUNCIL COMMUNICATION TO: MAYOR AND CITY COUNCIL FROM: MALCOLM FLEMING, CITY MANAGER DATE: FEBRUARY 22, 2011 SUBJECT: DEMOLITION PERMIT EXPIRATION - SECTION 15.36.200 CODE AMENDMENT ORIGINATING DEPARTMENT: PLANNING AND BUILDING SAFETY DEPARTMENT SUMMARY: In 2003, the City Council adopted Louisville Municipal Code (LMC) Section 15.36 establishing the efforts necessary to protect historic structures. According to the Code, an historical structure is any structure 50 years or older. One of the more important elements established by Section 15.36 was the review of demolition permits for historic buildings. Staff is recommending some changes as illustrated in the attached red -lined Section 15.36 for your review. BACKGROUND: The regulatory language in this chapter established that all historic structures slated for demolition must first apply for a demolition permit with the Planning and Building Safety Department. The application for a demolition permit for buildings 50 years or older triggers a twenty one (21) day review by an Historic Preservation Commission (HPC). The review is conducted by a subcommittee and includes a review of the building's social history. If a structure is deemed eligible for landmark review, then the demolition action is reviewed by the entire HPC at a public hearing. This process can result in approval to release a demolition permit, or a placement of a 180 -day stay to the demolition request. Once the demolition permit has gone through the HPC review process and the permit is released, staff "shall" issue a permit for demolition of the structure, "if" all other requirements of the permit process have been met. PERMIT SHALL BE RELEASED: 15.36.200.J — "...If an individual landmark or district designation has not been completed during the 180 -day period, the city shall issue a permit if all other requirements of the permit process have been met." [Emphasis added] Once a permit is issued, the applicant has 180 days to begin demolition. This 180 day time period is consistent with a Building Safety Division policy which revokes a building permit if no activity has taken place within 180 days after issuance of the permit. However, the Department of Planning and Building Safety cannot "issue" a permit without acceptance and payment for the permit from the applicant; therefore, all "other requirements" of the permit have not been SUBJECT AGENDA ITEM DEMOLITION PERMIT EXPIRATION - SECTION 15.36.200 CODE AMENDMENT 111 6