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HomeMy WebLinkAbout2875 Review of Applications for Demolition of Historic Buildings Ordinance No. 2875 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE SECTION 17.30.085 RELATING TO REVIEW OF APPLICATIONS FOR DEMOLITION OF HISTORIC BUILDINGS, DEMOLITION STANDARDS TO PROVIDE ADDED REVIEW BEFORE DEMOLITION OF AN HISTORIC STRUCTURE OCCURS WHEREAS, the City Council adopted Ordinance 2869 on August 9, 2004 providing for, among other things, an independent expert appointed by the City Manager to review and act on applications before demolition of an historic structure occurs; and WHEREAS, the City Council determines it appropriate to add qualifications for the independent expert. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Amendment. That portion of section 17.30.085 - Demolition Standards, at D (1)- Applications for Demolition, of the Port Townsend Municipal Code is hereby amended to read as follows (underline is new, strike is deleted): D. Applications for Demolition. Applications for demolition, where no waiver as determined by the BCD Director applies, shall be processed as follows: 1. The City Manager shall appoint an independent expert to review and act with full authority as the Director on the application. The independent expert shall be a person who has had at least ten years experience involved in a profession, business or organization, and who has devoted a substantial amount of his or her experience within those ten years to, to historic preservation issues and in reviewing structural and financial information with respect to older buildings. Examples of relevant professions, businesses, or organizations that include, but are not limited to, certified real estate appraisers, architects, bankers, and/or executives or persons in organizations or companies which are substantially involved in evaluating the economics of historic preservation matters. 2. The City Manager shall provide notice of the application for demolition, and appointment of the independent expert, to each member of the City Council, and shall direct the Clerk to publish a notice of the pending application and opportunity to comment on the application. The comment period shall be at least twenty days before issuance of a decision on the application by the independent expert. 3. The independent expert shall review the application, and any written comments and any other information. Page I Ordinance 2875 4. HPC shall provide recommendation on whether the demolition is detrimental to the character of the historic district, and a recommendation on design review for the replacement building or structure. 5. The independent expert shall issue a written decision, granting, granting with conditions, or denying the application. The decision shall contain an explanation of the independent expert's decision. 6. Notice of the independent expert's decision shall be mailed to any person who, prior to rendering the decision, made a written request to receive notice of the decision or submitted written substantive comments on the application. 7. The time limits set forth in 17.30.100 apply to this section. 8. The process relating to Type II decisions (administrative decision with appeal to hearing examiner) applies, except as modified by this Section. A party of record may appeal the final decision of the independent expert to the Hearing Examiner in the manner provided by 17.30.130. A determination that the application is or is not detrimental to the historic character of the district is appealable directly to the Hearing Examiner, without the applicant having to submit drawings or plans of the proposed replacement or remodeled structure, in the manner provided by 17.30.130. If the Hearing Examiner denies the applicant's appeal, then the process set forth in this section for demolition applies. If the Hearing Examiner upholds the applicant's appeal, then the process in Ch. 17.30 for design review not involving demolition applies. SECTION 3. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this first day of November, 2004. (I~~2L'I'-p- Catharine Robinson, Mayor Attest: n r / V~ C/¡'ÆfL-/ Pamela Kolacy, CMC, Ci;y ~1~J Approved as to Form: ~ John P. Watts, City Attorney Page 2 Ordinance 2875