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15-14 Replace Chp. 1134 Historic Preservation Districts
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15-14 Replace Chp. 1134 Historic Preservation Districts
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3/25/2014 3:12:40 PM
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(2) Denial of a Certificate will result in a substantial economic burden <br />on the applicant because the applicant cannot reasonably maintain the <br />property in its current form. <br />(3) No reasonable alternative exists consistent with the architectural <br />standards and guidelines for the property. <br />(4) The owner has been unable to sell the property utilizing best ef- <br />forts. <br />(5) Previous alterations have interfered with the architectural character <br />of the HPD or HP and the character- defining features to illustrate the <br />style or type are lost, and to return the HPD or HP to its original char- <br />acter is not reasonable. <br />(6) If the owner is a not - for -profit organization, and it is financially or <br />physically infeasible to achieve its charitable purpose while conforming <br />to the pertinent architectural standards and guidelines. <br />(7) A court of competent jurisdiction has required the owner to abate <br />any violation of these ordinances within a time frame that does not <br />comport with the requirements of this Chapter. <br />(8) Denial will result in a substantial burden as set forth in the appli- <br />cant's sworn statement or affidavit in support. <br />(c) In considering an application for a finding of hardship, the Com- <br />mission may solicit expert testimony or request that the applicant sub- <br />mit evidence concerning property value, cost estimates, income ex- <br />penses, and/or any other information that the Commission deems nec- <br />essary to determine whether the denial of the application constitutes a <br />hardship. The level of documentation required may vary as is appropri- <br />ate to each case. The applicant may submit any personal or proprietary <br />information to the staff of the City for a confidential review, and such <br />information shall be returned to the applicant, and a summary or evalu- <br />ation of the information shall be provided to the Commission without <br />disclosure of the specific personal or proprietary information. <br />(d) The Commission shall act upon an application for a finding of <br />hardship within a period not to exceed six (6) months fiom the original <br />date of the denial of a Certificate of Appropriateness or two (2) months <br />from the date the Commission receives all requested supporting materi- <br />al, whichever is later. If no action has been taken by the Commission <br />within this period, the application shall be deemed granted, unless the <br />time is extended upon by mutual agreement. Upon the denial of an ap- <br />plication, the applicant shall be notified by mail. <br />1134.08 DEMOLITION OR REMOVAL OF STRUCTURES IN <br />AN HPD OR AN HP. <br />(a) Demolition or removal of a principal structure on a commercial <br />property(s) in a designated HPD or HP shall comply with the regula- <br />tions set forth within this Chapter and those in Section 1133.08. <br />
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