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05-16-05
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05-16-05
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1/12/2009 8:24:12 AM
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<br />DRAFT <br /> <br />ADMINISTRATIVE PROCEDURES FOR APPEALS OF PRESERVATION <br />COMMISSION DECISIONS TO CITY COUNCIL <br /> <br />1. Ordinance 2.18 provides that when the Heritage Preservation <br />Commission denies an application for Certificate of Approval, the <br />owner may make an appeal in writing to the City Clerk within 10 <br />business days. Grounds for the appeal must be submitted in <br />writing. The property owner making the appeal has the burden of <br />proof. <br />2. An appeal on the basis of economic hardship must demonstrate <br />that the denial of the Certificate of Approval will result in the loss <br />of all reasonable and beneficial use of or retum from the property. <br />Economic hardship relates to the property, not the person or <br />owner. <br />3. The City Clerk will refer the appeal to the Heritage Preservation <br />Committee of the City Council. They will meet with the owner <br />within 30 days and determine whether they can make a <br />recommendation to Councilor if additional information is needed, <br />meet again within an additional 30 days. The committee may <br />require the owner to provide evidence and may request or contract <br />for information and opinion from outside professionals. <br />4. The Committee will make a recommendation to Council. The <br />approach in assessing economic hardship will be to look at factors <br />used by real estate developers, appraisers and lenders in valuing <br />property or investments to determine if the difference in value as a <br />result of the commission's action is significant. A high degree of <br />hardship is required to justify overriding a commission <br />determination. The impact must be substantial. <br />5. Among the types of information that may be required to support a <br />hardship appeal are the following. The information will be kept <br />confidential to the extent permitted by law. <br />a. Past and current use of the property; <br />b. Original purchase price; <br />c. Assessed value; <br />d. Recent appraised value; <br />e. Current mortgage principal balance and interest rate or <br />monthly payment. <br />f. Past income and expenses if investment property; <br />g. Past maintenance costs if owner-occupied; <br />h. Ownership structure (partnership, corporate, etc.); <br />6. The Committee will consider criteria including but not limited to <br />the following: <br />
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