Citizen Questions Historic Preservation Commission’s Proposed Powers

Story by Anna Oakes

Clarification:

An article published October 29 in High Country Press incorrectly indicated that the Historic Preservation Commission would be a new Town of Boone committee. The Town Council actually created the commission in March 2007.

However, the proposed establishment of the Historic Preservation Commission in the Unified Development Ordinance will increase the powers and duties of the commission.

At the Boone Town Council’s and Boone Planning Commission’s quarterly public hearing November 2, one citizen expressed concerns over the proposed expansion of the Historic Preservation Commission’s powers.

Under a proposed text amendment to the town’s Unified Development Ordinance (UDO), the commission would have the power to identify historic properties within the town that, if approved by the council, would require specific procedures for any construction, reconstruction, alteration, restoration, demolition and other changes to those properties.

“This doesn’t sound like a simple process for the homeowner,” said Andy Stallings. He said he was concerned about a small group of people “dictating quite a bit to private property owners.”

Council Member Rennie Brantz, a member of the Historic Preservation Commission, said, “This is an opportunity for the community to remember where we came from and where we are today.”

The text amendment establishes the role of the commission as well as guidelines for the creation of historic districts and landmarks.

Among the commission’s powers would be the authority to review and act upon proposals for alterations, demolitions or new construction within historic districts or for historic landmarks and to propose preservation alternatives to owners.

Once designated as a historic landmark or property within a historic district, properties cannot be altered on the exterior or have outdoor signs or above-ground utility structures erected or be altered, restored, moved or demolished until the owner applies for a certificate of appropriateness to be submitted to and approved by the Historic Preservation Commission prior to the issuance of a building permit. The certificate of appropriateness will be required even when building or other permits are not required.

The commission could also have jurisdiction over interior spaces in properties where the owner has consented to interior review.

Applications for certificates of appropriateness, according to the draft text, can be denied—except where the commission finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use or return by virtue of the denial.

Even if a certificate is approved by the commission, the commission can delay the effective date of the certificate by up to 365 days so that the commission can negotiate with the owner and with any other parties in an effort to preserve the site.

The ordinance gives the Town Council the power to take actions to prevent the demolition or alterations of historic properties that are not in compliance with the ordinance.

If a designated historic landmark or building within a historic district is about to be demolished, materially altered, remodeled, removed or destroyed, except in compliance with the ordinance, the Town Council may institute any appropriate action or proceedings to prevent these actions, according to the draft.

Planning Commission Member Brett Scantlin asked if property owners could choose to opt out of historic districts.

Town attorney Sam Furgiuele, who drafted the text amendment based on recommendations from the Historic Preservation Commission, said that property owners could not opt out. He said the commission did not request all of the powers that are authorized for such groups by the state, including the power of injunction.

“This is pretty mild,” Furgiuele said.