62-09 Amend Chapter 1134 - Historic Preservation Dist. & Properties

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(7) A court of competent jurisdiction has required the owner to abate any violation of these ordmances within a time frame that does not comport with the requirements of this Chapter (8) Denial will result in a substantial burden as set forth in the applicant's sworn statement or affidavit in support. (c) In considering an application for a fording of hardship, the Commission may solicit expert testimony or request that the applicant submit evidence concerning property value, cost estimates, income expenses, and/or any other information that the Commission deems necessary to determine whether the denial of the application constitutes a hardship. The level of documentation required may vary as is appropriate to each case. The applicant may submit any personal or proprietary information to the staff of the City for a confidential review, and such information shall be returned to the applicant, and a summary or evaluation of the information shall be provided to the Commission without disclosure of the specific personal or proprietary information. (d) The Commission shall act upon an application for a fording of hardship within a period not to exceed six (6) months from the original date of the denial of a Certificate of Appropriateness or two (2) months from the date the Commission receives all requested supporting material, whichever is later. If no action has been taken by the Commission within this period, the application shall be deemed granted, unless the time is extended upon by mutual agreement. Upon the denial of an application, the applicant shall be notified by mail. 1134.08 DEMOLITION OR REMOVAL OF STRUCTURES IN AN HPD OR AN HP (a) Demolition or removal of a principal structure on a commercial property(s) in a designated HPD or HP shall comply with the regulations set forth within this Chapter and those in Section 1133,08, (b) Demolition or removal of a principal structure on a residential property(s) in a designated HPD or HP shall comply with the regulations set forth within this Chapter and those in Section 1133.09. 1134.09 RESCISSION OF A DESIGNATION OR DETERMINATION Notwithstanding any provision of this Chapter to the contrary, the Commission may rescind the designation or determination of any area, place, building, public interior portion of a building, or structure, work of art or other object as an HPD or HP by majority vote by fording of one or more of the following: (a) that the designated HPD or HD does not meet the designation criteria or to protect the public interest in response to changed circumstances since the designation decision was made; (b) prejudicial procedural error in the designation process; or (c) professional or clerical error in the designation, This rescission act of the Commission shall relieve the owner of such property from any duties or penalties. 1134.10 EXCLUSIONS 26