HomeMy WebLinkAbout12.B. Amendment to City Code Section 4.03, Building Permits (Concerning Demolition Permit Review Process)
CITY OF SHAKO PEE
MEMORANDUM
I :L . (3"
CASELOG NO:
NA
TO:
Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM:
Historic Preservation Advisory Commission
Mark Noble, Planner II
SUBJECT:
Amendment to City Code Section 4.03, Building Permits (Concerning
Demolition Permit Review Process)
MEETING DATE: April 22, 2008
INTRODUCTION
The City Council met with the Historic Preservation Advisory Commission (HP AC) on January
22, 2008, and provided direction to the HP AC and staff concerning the proposed text amendment
to Section 4.03, Building Permits, regarding the Demolition Permit Review Process. The text
amendment would add language that addresses implementing review of demolition permits by
the HP AC for certain structures and/or sites in Shakopee that are historically significant (at this
time, that would entail the 53 listed locally significant historic properties).
DISCUSSION
At the joint City CouncillHP AC meeting on January 22, 2008, the proposed options prepared by
the HP AC were reviewed, and the Council provided direction that it preferred the option where
the HP AC would review demolition permit applications for the listed locally significant historic
properties. Council further directed that a draft amendment be prepared by the HP AC and that
the HP AC forward the draft with its recommendation to the City Council.
The HP AC has conducted extensive research and evaluations of properties located in Shakopee,
and based on adopted criteria (the age of the structure; the rarity of the building type; whether it
fits the definition of a unique or unusual structure; whether it is connected with a prominent
person; and whether it is associated with a historic site), they have established a list of properties
that have been determined to be locally significant historic properties. It is those properties that
the HP AC desires the ability to review the demolition permit. Those properties are documented
in "A Wa/king Tour of Historic Shakopee ", a booklet of properties the HP AC has determined
that have some historical significance consistent, whether in the style of architecture, person(s)
who may have resided at the site, and the location of the structure and the significance of those
properties and families in that immediate area that have had some significance in the shaping of
the city.
The HP AC's intent for these listed properties, in the case where there may be a request in the
future for demolition of that structure, is that the demolition permits be analyzed by staff and the
HP AC, based on the five (5) steps noted below:
1. Work with developers to incorporate existing historic structures into the proposed
development.
2. Determine whether the structure could be rehabilitated or renovated.
3. Determine whether it could be moved to a different site.
4. Determine whether there are significant artifacts and materials that could be salvaged.
5. Document the structure for historical reference.
The attached draft ordinance includes language that pertains to the building permit submittal and
review process. One element of the ordinance pertains to violations and the enforcement actions
that may result, with one option being that the Building Official and/or Zoning Administrator
may impose a fee, in an amount consistent with the current fee schedule, which may be assessed
if the demolition work continues in violation of any civil action/stop work order. Staff has also
prepared a memorandum and a text amendment to the fee schedule that identifies the suggested
fee - this action item is also scheduled for the April 22, 2008 City Council meeting, following
discussion regarding the demolition permit amendment. Staff requests that should the Council
adopt this ordinance which pertains to demolition permits, that they also take action on
Ordinance No. 795, which includes language that pertains to the fee schedule amendment.
As identified in numerous documents prepared by the city, the City is proud of its historic
downtown area and other historic properties, and encourages property owners to maintain and
invest in their properties to preserve our past history. The Mission statement of the City of
Shakopee is to provide the opportunity to live, work and play in a community with a proud past,
promising future, and small-town atmosphere within a metropolitan setting. This is consistent
with the HP AC's vision, and their belief that promoting the preservation of Shakopee's historical
past relates to several of the City's identified goals and strategies.
ALTERNATIVES
1. Offer and pass Ordinance No. 796, an amendment to City Code regarding the Demolition
Permit Review Process.
2. Offer and pass Ordinance No. 796, an amendment to City Code regarding the Demolition
Permit Review Process.
3. Do not approve Ordinance No. 796.
4. Table the item for additional information.
ACTION REQUESTED
Offer Ordinance No. 796, Fourth Series, an Ordinance of the City of Shako pee, Minnesota,
Amending City Code regarding the Demolition Permit Review Process, and move its adoption.
ORDINANCE NO. 796, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE SECTION 4.03
THE CITY COUNCIL OF THE CITY OF SHAKO PEE, MINNESOTA, ORDAINS:
Section 1 - That City Code Section 4.03, Building Permits, is hereby amended by adding
the following language:
Subd. 3. Demolition Permit Review of Locallv Desil!nated Historic Properties
The Historic Preservation Advisory Commission may review all demolition permit applications
involving locally significant historic properties, as designated by the Commission. Criteria
evaluated in determining the significance of the building include: 1) the age of the structure; 2)
the rarity ofthe building type; 3) whether it fits the definition of a unique or unusual structure; 4)
whether it is connected with a prominent person; and 5) whether it is associated with a historic
site. Upon its review, the Historic Preservation Advisory Commission may provide the property
owner with comments and suggestions concerning the demolition of the building; including, but
not limited to, suggesting incorporating the existing building into a development proposed for the
property, rehabilitating or renovating the building, relocating the building, salvaging significant
artifacts and materials from the building prior to demolition, and documenting the building for
historical reference prior to demolition.
The application must include detailed plans, including at a minimum a site plan and building
elevations, and any other related information as deemed necessary to evaluate the request. The
Planning Department will receive the application and if complete, forward the application to the
Historic Preservation Advisory Commission (HP AC) for review at their next available meeting.
1. Interim Control of Locally Designated Historic Properties:
No building/demolition permit shall be issued by the Building Official for demolition of any
locally designated historic property or any qualifying property until final disposition by the
HP AC and/or the Planning Department, unless such action is authorized by the City Council
as necessary for the public health, welfare, or safety.
2. Limitations:
If within forty-five (45) days from the filing of a Demolition Permit Review Application, the
HP AC has not considered the Demolition Permit Review Application, the permit application
shall be deemed to have been approved.
3. Emergency Repair:
In emergency situations where immediate repair is needed to protect the safety of a building
or structure and its inhabitants, the City Administrator and/or the Building Official may
approve the repair without prior HP AC action. In the case of a natural disaster, the HP AC
may determine that a Demolition Pemlit Review Application is not required.
4. Enforcement:
In case any building or structure subject to the regulation of this ordinance is subjected to
demolition in violation with this ordinance, the Building Official and/or the Zoning
Administrator, in addition to any other remedies, may:
a) Institute civil action for injunctive relief to stop, prevent or abate violation of this
ordinance.
b) Issue a stop work order to prevent a continuing violation of this ordinance.
c) Issue a fee, in an amount consistent with the current fee schedule, which may be assessed
if the demolition work continues in violation of any civil action/stop work order.
5. Appeal:
Any person aggrieved by a determination of the HP AC and/or city staff regarding a demolition
permit may have such decision reviewed by the City Council if a request for review is
submitted to the Zoning Administrator within ten (10) days of the date of the decision. The
appeal shall be in writing and shall include a statement of the alleged errors or omissions of the
HP AC/city staff.
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Adopted in
held the day of
session of the City Council of the City of Shakopee, Minnesota
,2008.
Mayor of the City of Shako pee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the
day of
,2008.
Shakopee Locally Designated Historic Properties
Address Sie:nificance
1. 132 Main Street age (built before 1869), building material (limestone)
2. 711 Bluff Ave. outhouse for Schroeder's brickyard workers, age, architecture, bldg. materials
3. 717 Bluff Ave. original Schroeder house, age, architecture, building materials
4. 805 Bluff Ave. brickyard foreman's house, age (built before 1869), architecture, bldg. materials
5. 336 1st Ave. W. 1898, architecture (stained glass windows, brick, wood & glass detail work)
6. 330 1 st Ave. W. age (built before 1892), stained glass windows, Shakopee brick
7. 324 1 st Ave. W. age (built before 1895), architecture (exceptional brick & wood work)
8. 519 1 st Ave. E. Schroeder residence, age (built in 1856), exceptional brick and wood work
9. 525 1 st Ave. E. Vierling residence, age, architecture, building materials
10. 537 1st Ave. E. building material, age, architecture
11. 931 1st Ave. E. age, person, architecture, building materials
12. 638 2nd Ave. E. possible former school house, limestone and fieldstone construction
13. 419 2nd Ave. E. listed on the National Register of Historic Places
14. 411 2nd Ave. E. listed on the National Register of Historic Places
15. 322 2nd Ave. E. cream-colored brick, example of brick restoration
16. 210 Holmes Street Ed Huber Residence (Huber Park named after resident)
17. 128 2nd Ave. \'\1. Stans Museum (Residence), 1908, architecture
18. 438 2nd Ave. W. architecture, age (built in 1896), building materials
19. 504 2nd Ave. W. (out-building) - field stone, age, livery stable/ rendering facility
20. 437 3rd Ave. E. architecture, building materials, association with historic events
21. 414 3rd Ave. W. (aka, 314 Scott St. S.), Nye/Strait residence, age (built in 1890)
22. 706 4th Ave. E. building materials (Shakopee brick - painted), architecture
23. 303 4th Ave. E. age (built in 1850), moved from 3rd & Lewis, architecture
24. 134 4th Ave. E. Duetsch residence, age, architecture, former B&B
25. 227 4th Ave. W. age (built in 1875), Buch residence, red painted brick, architecture
26. 333 4rh Ave. \'\1. St. Mark's Parish house/rectory, architecture, 1855, bldg. materials
27. 111 5th Ave. E. age (built in 1857), architecture
28. 955 Shakopee Ave. E. Drees pig farm, age (built before 1898), architecture, bldg. materials
29. 335 Holmes St. Reis residence, age (1895), architecture (brick & ornate wood work)
30. 321 Lewis St. (carriage house), age, building materials, architecture
31. 434 Lewis St. Coller House, age (built before 1898), building materials, architecture
32. 836 Lewis St. age (built in 1857), architecture, building materials
33. 1101 Naumkeag St. age (built before 1890), architecture, building materials, Vierling Residence
34. 6185 Eagle Creek age (1890), building materials, architecture (arched openings, corbelled brick)
35. 705 1 st Ave. E. St. John's Lutheran Church (presently Salon St. John), age, building materials
36. 535 Lewis St. St. Mary's Catholic Church, age (built in 1866), bldg. materials, architecture
37. 350 ~Atwood St. St. Mark's Catholic Church, age (built in 1865), bldg. materials, architecture
38. Murphy's Landing School (formally @ 5th & Lewis), age, building materials architecture
39. Chapparal St. Strunk Nysen Brewery & House, age, building materials, architecture
40. 2nd Ave. W. Shakopee Depot, age (1910), architecture, building materials, historic event site
41. Murphy's Landing Pond Grist Mill, age, building materials and historic use
42. Murphy's Landing Faribault Cabin/Trading Post, age (1844), building materials, historic event site
43. 10th Ave. \'\1. Water Tower, age (1940), architecture, historic use (1 st of its kind)
44. 112 Lewis Street Rock Springs Restaurant (1890 Social Club), age, architecture, building materials
45. 101 Lewis Street Argus Building, age (1873), architecture, historic use
46. 138 Lewis Street Bill's Toggery, age (1893), architecture, building materials, historic use
47. 124 Holmes Street Babe's Place, age (1895), architecture, building materials, historic event (murals)
48. 126 1st Ave. \'\1. Wampach's Restaurant, nostalgic architectural style, significant owner
49. Bluff Street Schroeder Brick Yard/ Lime Kiln, building materials, historic use
50. Memorial Park Burial Mounds, historic use/ event (Native American burial grounds/village site
51. Cavanaugh Dr. Pond Mission site (1847), historic use
52. 1502 Hwy. 101 Faribault House site, Battle of Shakopee casualties burial site
53. Murphy Landing Murphy Inn site, historic use (Major Murphy's Inn), foundation only
Revised 2/25/08