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HomeMy WebLinkAboutA001 - Council Action Form dated October 23, 1990 WC/qF ITEM #: DATE: 10 3/90 COUNCIL ACTION FORM SUBJECT: Motion to Set November 13, 1990, as the Date of Public Hearing to Consid- er an Amendment to Section 31.10(1) Related to Certificate of Appropriate- ness in the Alteration Area. BACKGROUND: When the Ordinance was adopted that established the Historic Preservation program for the City, there was a provision in that Ordinance that describes the area of a structure (property) that relates to alterations. Specifically, the Ordinance reads as follows: "The requirements for alterations apply to that portion of the structure visible from the street right-of-way and located between that right-of-way and an invisible plane that bisects the structure parallel to the right-of-way. In the case of a lot adjacent to more than one street right-of-way, an invisible plane is established that bisects the structure and is parallel to each right-of-way. The portion of the structure not subject to the criteria for alterations will be subject to the criteria for new construction. All new con- struction made to existing structures should be compatible with the original design of the structure." The literal reading of this Section has caused problems in that in order to make an alteration to an existing structure, part of the structure would have to be removed because the requirement applies to the area of the structure and not the property. Staff believes that a more appropriate wording for this area would refer to the structure and the property. Then land owners can construct additions to existing structures in the alteration area and not have to remove part of the existing structure. A copy of the proposed Ordinance amendment with an illustration is attached for your review. Historic Preservation Commission Recommendation: The Historic Preserva- tion Commission reviewed this request at their meeting of August 13, 1990, and recommended that it be approved. 2 ALTERNATIVES: 1. The City Council can approve of the proposed Ordinance amendment, and set November 13, 1990, as the date of Public Hearing on this amendment. 2. The City Council can deny approval of this proposed amendment, and set November 13, 1990, as the date of Public Hearing on this amendment. 3. The City Council can refer this item back to the Historic Preserva- tion Commission and staff for further information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve of the proposed amendment to the Historic Preservation Ordinance, and set November 13, 1990, as the date of Public Hearing on this amendment. COUNCIL ACTION: y\bpo\caf\tech.o23 TECHNICAL AMENDMENT CHAPTER 31 SECTION 10 MUNICIPAL CODE 31.10 CERTIFICATE OF APPROPRIATENESS. (1) Alteration of an exterior part of a building or a structure. The requirements for alteration area apply to that portion of the structure and the property visible from the street right-of-way and located between that right-of-way and an invisible plane that bisects the structure, and extends to the property line, parallel to the right-of-way. In the case of a lot adjacent to more than one street right-of-way, an invisible plane is established that bisects the structure, and extends to the property line, parallel to each right-of-way. The portion of the structure and the property not subject to the criteria for the alteration area will be subject to the criteria for the new construction area. Ali--new -eenstruetien -made -to -existing struetures-should-be-eempatible-w!+h-the-eriginai-design-of-the strueture. y\rda\historic\memo-8.813 a : All MUM-&!, AM-MT" AW-LPATIoNs. COMML. ♦�LOT .. .. lNTMIoK .. :.'... ra•• k.. R.•::ti ...IMM,M„yMINI♦ ....:d .:t'r' .YY': Xi i : 5 .. COKNP-K Lar INTMiolz LOT