DEPARTMENT: Office of Historic Preservation
DEPARTMENT HEAD: Shanon Miller, Director
COUNCIL DISTRICTS IMPACTED: All
SUBJECT:
Potential amendments to the Unified Development Code relating to Burden of Proof Requirement for Demolition in the Unified Development Code.
SUMMARY:
District 1 Councilman Roberto Trevi?o has submitted a City Council Resolution to revise the language in UDC Section 35-614 as it relates to the Burden of Proof Requirement for Demolition of a Landmark cases reviewed by the Historic and Design Review Commission.
BACKGROUND INFORMATION:
The UDC outlines a demolition review process for historic landmarks and buildings within a historic district. These demolition requests require HDRC review, and UDC Section 35-614 outlines the criteria which must be met for the HDRC to recommend approval of demolition. This sections states that no demolition shall be approved unless the applicant provides sufficient evidence to support a finding of unreasonable economic hardship on the applicant. If an applicant fails to prove unreasonable economic hardship, the applicant may also provide to the historic and design review commission additional information regarding loss of significance. The UDC only authorizes this level of review for historic properties.
Claims for economic hardship are difficult to substantiate in accordance with this section. There are 14 criteria listed for all types of structures and properties and an additional 3 criteria for income-producing properties. The UDC allows for a 60-day period under which demolitions are reviewed at the committee level. The HDRC is authorized to request addition information via affidavit should the unique circumstances of a case require it. The HDRC is also authorized to waive some of the criteria for cases involving a low-income homeowner.
Approximately 14 private demolitions have been approved by the HDRC in the past 5 years. For the majority of these approvals, the HDRC did not find that a...
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