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Non-consensual designation - code language

  • 1.  Non-consensual designation - code language

    Posted 10-26-2018 16:06
    Can anyone provide an example of code requirements/language that a City Council would use as the basis for making a decision about a non-consensual designation application? I'm asking for examples of special considerations that might be additional to the evidence provided by the applicant and/or local preservation commission regarding the property's significance and integrity. Those considerations would provide the Council with a rationale (and boundaries) for a decision to reject the application, even if the property's significance and integrity are beyond reasonable dispute. Any help would be appreciated!

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    Maren Bzdek
    Senior Historic Preservation Planner
    City of Fort Collins
    Fort Collins CO
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  • 2.  RE: Non-consensual designation - code language

    Ambassador
    Posted 10-29-2018 09:13
    Is this what you're looking for?

    Upon receipt of a favorable recommendation from the [historic preservation] commission, the commission's findings and the recommended preservation guidelines, the common council shall introduce a file to approve the designation and schedule that file for a public hearing, with notice to the parties identified in par. b, before the appropriate committee of the common council at the next regularly-scheduled committee meeting.  The common council shall balance the public interest in the preservation of the structure, site or district that is the subject of the recommendation and the interest of the owner or owners in using the property for his, her or their purposes.

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    Timothy Askin
    Milwaukee Historic Preservation Commission
    Milwaukee WI
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  • 3.  RE: Non-consensual designation - code language

    Ambassador
    Posted 10-30-2018 10:12
    Maren, this is an interesting question. I sit on the Minneapolis commission and, unfortunately, could not find language in our preservation ordinance that provides guidance to the Council in overturning designation recommendations. Instead, our ordinance succinctly states the Council makes the final decision on all designations. As a commissioner, I think I could better handle our recommendation being overturned if that decision was made within some written parameters. By the way, if you are a member of the NAPC listserv, this would be a good question to pose to them as well.

    Timothy, Milwaukee's language simply places the public interest of preservation against the owner's stated purpose for their property. It seems that sort of guidance would factor more into proposed demolitions and denied COAs. I'm curious how often and in what circumstances it has been used to overturn the commission's designation recommendation.

    Barbara

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    Barbara Howard
    Stonebridge Learning, LLC
    Minneapolis MN
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  • 4.  RE: Non-consensual designation - code language

    Posted 10-30-2018 11:38
    ​Thanks for these replies. It's definitely a conundrum and I'll be really interested to find out if any community has figured out a meaningful way to address it. My question assumes the preservation logic for supporting and/or advancing a request for non-consensual designation is sound, but when Council is considering it at a higher level of political pressure there is no clear basis for the grounds on which they would base a disagreement. The ideal would be to limit the range of conditions or rationale that the Council could use to overturn the preservation analysis.

    I appreciate the tip to post to the NAPC forum!


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    Maren Bzdek
    Senior Historic Preservation Planner
    City of Fort Collins
    Fort Collins CO
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  • 5.  RE: Non-consensual designation - code language

    Ambassador
    Posted 12-27-2018 16:07
    Given my short tenure in Milwaukee (2 years), I can't really answer that question Barbara. I have so far only seen one designation die and it died at the Commission level. Those designations forwarded to Council have generally passed with no greater hiccups more than the occasional abstention from a council member.

    I agree that the language could use some refinement, but it stills seems better than leaving it open-ended.

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    Tim Askin
    Milwaukee Historic Preservation Commission
    Milwaukee WI
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  • 6.  RE: Non-consensual designation - code language

    Ambassador
    Posted 12-28-2018 09:25
    It's definitely better than being open-ended from my perspective, too! Whether related to designations or COAs.

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    Barbara Howard
    Minneapolis MN
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