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R-35-05 Approving Adoption Of Guidelines For Demolition Of A Structure In The Lemont Historic DistrictRESOLUTION e -36'05 A RESOLUTION APPROVING ADOPTION OF GUIDELINES FOR DEMOLITION OF A STRUCTURE IN THE LEMONT HISTORIC DISTRICT WHEREAS, the President and Board of Trustees of the Village of Lemont have determined that it in the best interest of the community to protect and preserve its historic and architectural resources; and WHEREAS, in order to preserve and maintain the unique architectural and historic character of the Historic District, the Village Board seeks to adopt specific guidelines for the demolition or removal of landmarks or property and structures within the Historic District; and WHEREAS, the Lemont Historic Preservation Commission has drafted Guidelines for Demolition of a Structure in the Historic District and presented same to the Village Board for approval. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the Village of Lemont hereby approves the adoption of the Guidelines for Demolition of a Structure in the Lemont Historic District attached hereto as Exhibit A. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS on this 27th day of June , 2005. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attess ::, >7�'P AYES NAYS PASSED ABSENT JOHN F /PIAZZA, Village Preside ARLENE SMOLLEN, Village Clerk GUIDELINES FOR DEMOLITION OF A STRUCTURE LEMONT HISTORIC DISTRICT Section III. F. 10 (Powers and Duties) of the Historic Preservation Ordinance 0 -07 -01 gives the Historic Preservation Commission (Commission) the authority "to develop specific guidelines for the alteration, demolition, construction, or removal of Landmarks or property and structures within Historic Districts." I. APPLICATION REQUIRED A separate application shall be required for a Certificate of Appropriateness for the demolition of any structure within a historic district. A. The application shall state the following information: a. Address and location of the structure. b. Name and address of the property owner. c. Legal description and P.I.N.. d. Year of construction e. List of the significant architectural features. f. Reason for demolition. g. Overall site plan and photographs of all sides of the structure. h. Documentation that the property owner consents to the demolition; i. Documentation that appropriate notice has been made to the adjoining property owners. B. A public hearing shall be required within sixty (60) days after receipt of a complete application. Notice of date, time and place of the hearing shall be sent BY THE APPLICANT to owner(s) of record, and/or lessees, of property adjoining the proposed demolition not less than fifteen (15) days nor more than thirty (30) days prior to the date of hearing. Notice shall also be published by the Commission in a newspaper of general circulation in the Village. II. CRITERIA TO BE CONSIDERED In determining whether to issue a Certificate of Appropriateness for any demolition, the Commission shall consider and may give decisive weight to any or all of the following standards: A. Whether the structure has significant value as part of the historic, heritage or cultural characteristics of Lemont, Cook County, State of Illinois, or the United States. B. Whether the structure is identified with a person or persons who significantly contributed to the development of Lemont, Cook County, State of Illinois, or the United States. C. Whether the structure is representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction or use of indigenous materials, especially the building stone known as "Lemont limestone." D. Whether the structure is a notable work of a master builder, designer, architect or artist whose individual work has influenced the development of Lemont, Cook County, State of Illinois or the United States. E. Whether the structure has a unique location or singular physical characteristics that make it an established or familiar visual feature, including presence in the skyline of Lemont. F. Whether the building is a particularly fine or unique example of a utilitarian structure, including but not limited to utilitarian, residential or commercial structures with a high level of integrity or architectural significance. G. Whether the building, although it may or may not be designated as a landmark building, is considered to be a contributing historic structure; does the building contribute to the overall character of the historic district. H. Whether the demolition of this structure would create a breach in the visual streetscape of the historic district, or be detrimental to public interest and contrary to the general welfare of the historic district. I. Whether the building is 50 years or older unless it has no historic or architectural merit. J. Whether the building or structure is in such a deteriorated condition that it is not structural or economically feasible to preserve or restore it, or whether there is a compelling health or safety reason to demolish the building or structure. Any hardship or difficulty claimed by the owner which is self - created or which is the result of any failure to secure or maintain the property in good repair cannot qualify as a basis for a Certificate of Appropriateness. K. Whether any new structure proposed to be constructed upon demolition of a non- contributing structure is compatible with the buildings and environment of the district in which the subject property is located and qualifies for a Certificate of Appropriateness. L. Whether the building or structure is within a grouping of similar buildings or structures that creates a distinctive pattern or historic rhythm of masses and spaces that would be significantly altered by the removal of one or more of its parts. M. Whether the building has architectural characteristics associated with hand -built buildings, such as hand -hewn timbers, scroll saw cut architectural trim, finished stone trim, or any other stone features. A Finding by the Commission that the structure meets one or more of the criteria shall be grounds for denial of the Certificate of Appropriateness. Demolition should not be permitted if the building contributes to the district's historic appearance unless the building is beyond all economically feasible repair as determined by the Commission. An evaluation may be required by the Commission, performed by an analyst experienced in historic restoration at the expense of the entity proposing demolition. III. CERTIFICATE OF APPROPRIATENESS A. A Certificate of Appropriateness shall be required prior to the demolition of any structure or portion of any building or structure within the historic district. The Lemont Historic Preservation Commission shall notify the applicants of its decision, in writing, within five (5) days after the public meeting. B. Upon approval of the application, the Commission shall direct the Community Development Department to issue a signed Certificate of Appropriateness to the applicant with copies forwarded to the Building Department. C. In the event of a denial of an application for a Certificate of Appropriateness, the Commission shall notify the applicant in writing within five (5) days after the public meeting, and the reasons therefor. IV. APPEALS UPON DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION When a Certificate of Appropriateness is denied for the demolition of a structure within the Historic District, the applicant may appeal the Commission's decision to the Village Board within thirty (30) days. The Board may receive comments on the contents for the record, but no new matter may be considered by the Board. The Village Board may affirm, reverse or modify the Commission's decision by a majority vote of a quorum of the Village Board. If the Village Board concurs with the Commission's decision not to issue a Certificate of Appropriateness, the secretary of the Commission shall notify the applicant and the Building Department within seven (7) days. V. ECONOMIC HARDSHIP - Maintenance and Repair Required. All historic structures, whether owned or controlled privately or by any public body, shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, perpetuation or use in conformity with the purposes of the Historic Preservation Ordinance and the Building Code of the Village of Lemont. Neither the owner of nor the person in charge of such a structure shall permit such structure, real estate or improvement to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce in the judgment of the Commission a detrimental effect upon the appearance, life or character of the improvement or on the character of the district as a whole where applicable. In the event that the building or structure is uninhabited, the owner or the person in charge of such structure shall provide for the security of the building or structure. This provision applies to all properties that have been designated as landmarks or as part of a historic district. VI. CERTIFICATE OF ECONOMIC HARDSHIP The Historic Preservation Commission shall issue a certificate of economic hardship upon determination that its failure to issue a certificate of appropriateness has denied, or will deny, the owner of a landmark or a property within a historic district all reasonable use of, or return on, the property. Application for a certificate of economic hardship shall be made pursuant to Article VI of the Historic Preservation Ordinance. VII. FEES AND PENALTIES As stated in the Lemont Historic Preservation Ordinance 0- 07 -01, any person who undertakes or causes the demolition or removal of a structure within a designated Historic District without a Certificate of Appropriateness shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than seven hundred fifty ($750) dollars. Every day such violation shall continue to exist shall constitute a separate violation until the Certificate of Appropriateness process has been completed and the Commission either issues or denies the Certificate. The Commission may institute any appropriate action or proceeding in the name of the Village of Lemont to enjoin, correct or abate any violation of the Historic Preservation Ordinance. ORDINANCE 0 -07 -01 HISTORIC PRESERVATION ORDINANCE VI. CERTIFICATE OF ECONOMIC HARDSHIP 20278888 Notwithstanding any of the provisions of the ordinance to the contrary, the Commission may issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate of Appropriateness has been denied. A. Applicants claiming economic hardship shall be required to apply to the Historic Preservation Commission to determine sources of eligibility for rehabilitation assistance. The eligibility for an availability of financial aid shall be considered by Commission in making its decision. B. An applicant for a Certificate of Economic Hardship may submit any or all of the following information in order to assist the Conunission in making its determination on the application. The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased.) 2. The assessed value of the land and improvements thereon according to the two most recent assessments. 3. Real estate tax bills for the previous two years. 19 4. Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two years. 5. All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property. 6. Any listing of the property for sale or rent, asking price and offers received, if any. 7. Any consideration by the owner as to profitable adaptive uses for the property. 8. If the property is income - producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and the annual cash flow before and after debt service. if any, during the same period. 9. Fonn of ownership or operation of the property, whether sole proprietorship, for - profit, or not - for - profit corporation, limited partnership, joint venture or other. 10. Any other information including the income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners. C. If the Commission finds that without approval of the proposed work, the properly cannot obtain a reasonable economic return therefrom, then the application shall be delayed for a period not to exceed three (=) months. During this period of delay. the Commission shall investigate plans and make recommendations to the Village Board to allow for a reasonably beneficial use or a reasonable economic return. or to 20 otherwise preserve the subject property. Such plans and recommendations may include, but not be limited to: a relaxation of the provisions of the ordinance, a reduction in real property taxes, financial assistance, building code modifications and/or changes in zoning regulations. D. If by the end of this three (3) -month period, the Commission has found that without approval of the proposed work, the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a Certificate of Economic Hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a Certificate of Economic Hardship. VII. APPEALS A. When a Certificate of Appropriateness is approved or denied for either a Landmark or a structure within a Historic District, the applicant or any interested party may. within thirty (30) days, appeal the Commission's decision to the Village Board. The Board may receive comments on the contents of the record. but no new matter may be considered by the Board. The Village Board may affirm the decision of the Commission or recommend changes by a majority vote of the Board after due consideration of the facts contained in the record submitted to the Board by the Commission. The Board may affirm, reverse or modify the Commission's decision by a majority vote of a quorum of the Board. B. If the Village Board concurs with the Commission's decision not to issue a Certificate of Economic Hardship. the secretary of the Lemont Historic Preservation Commission shall notify the applicant and the Building Department within seven (7) days. VIII. NATURAL. DESTRUCTION OR DFMOI IT1ON In the case of partial or complete natural destruction or demolition of a site within a Historic 21