HomeMy WebLinkAbout12.B. Draft Historic Preservation Ordinance
/2. B.
CITY OF SHAKOPEE
MEMORANDUM
CASELOG NO: NA
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Historic Preservation Advisory Commission
Mark Noble, Planner II
SUBJECT: Amendment to City Code - Draft Historic Preservation Ordinance
MEETING DATE: July 21, 2009
DISCUSSION
The Historic Preservation Advisory Commission has completed their review of the draft Historic
Preservation Ordinance, and request that the City Council review this ordinance and provide direction to
the Commission and staff to bring it back for adoption as presented or with revisions. The Commission
had met with the Council in 2008, and were provided direction to proceed with a historic preservation
ordinance. The Commission has reviewed a considerable number of other city and county ordinances,
as well as a Minnesota State Historic Preservation Office draft, and have incorporated language that the
Commission believes is fitting for Shakopee and the historic structures/elements that have been
identified so far (there are presently 55 structures/sites that are locally designated historic properties).
The Commission has worked diligently to ensure that the language is crafted so that they have some
level of authority on review/decision making of proposals involving the locally designated historic
properties, enough so that the Commission could be eligible to be granted Certified Local Government
(CLG) status. This, in turn, would provide opportunities to pursue grant and loan programs to assist
with any necessary renovations/remodeling projects to the subject properties. Yet, the Commission
would also remain advisory to the City Council.
After the Commission completed their review of the draft ordinance, that draft was shared with the City
Attorney's office for review/revisions, which were incorporated into the latest draft. The Commission
did conduct a meeting to which the owners of those structures listed as locally designated historic
properties were invited for an opportunity to review and discuss the draft ordinance. The Commission
did have an excellent discussion with a number of property owners, with positions in favor of and
against the proposed ordinance expressed by several of the property owners. Those that attended the
meeting with the Commission were informed that if they wanted to be contacted when this item would
be presented to the Council, to let staff know and that we would provide them with the meeting
information. Several individuals did leave their contact information and notices were provided.
ALTERNATIVES
1. Offer and pass a motion providing direction to the Historic Preservation Advisory Commission and
staff to bring the ordinance back for adoption as presented or with revisions at the August 5, 2009
meeting.
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2. Review the draft ordinance and direct that it not be brought back for formal adoption.
3. Table the matter for additional/revised information.
VISIONING RELATIONSHIP
The proposed text amendment supports adopted Goal B: High quality of life.
ACTION REQUESTED
Review the draft ordinance and direct the Historic Preservation Advisory Commission and staff to
prepare an ordinance for their approval at the August 5, 2009 meeting.
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ORDINANCE NO. _, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CITY CODE SECTION -- RELATING TO THE HISTORIC PRESERVATION
ORDINANCE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. City Code Section , , is amended by adding the following
Subdivision:
Chapter I: Purpose/Policy:
Chapter II: Definitions:
Chapter III: Nomination/Designation of Historic PreseNation Sites/Districts:
1. Reports
2. Criteria for Designation
3. Commission Review
4. Hearings
5. Findings & Recommendations
6. Appeals
Chapter IV: Establishment of Additional Powers and Duties/Responsibilities of the Commission:
Chapter V: Permit Application Requirements/Review:
1. Site Alteration Permit
2. Site Alteration Permit Review Criteria
3. Commission Review/Recommendation
4. Procedures/Findings
5. Appeals
6. Limitations
7. Emergency Repair
8. Simplified Review Process for Minor Work.
Chapter VI: Enforcement/Penalties for Violations
Chapter VII: Repository for Documents
Chapter VIII: Recording of Historic Sites
Chapter IX: Incentives and Tools
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CITY OF SHAKOPEE CITY CODE, SECTION ,
Chapter I: Purpose/Policy:
The City Council finds that historically significant buildings, architectural and archaeological sites,
significant cultural assets, structures, objects and districts represent scarce, non-renewable heritage
resources that are critical assets for community development; that heritage preservation is an important
public service and a legitimate responsibility of City government; and that the preservation, protection
and enhancement of significant heritage resources for the benefit of present and future citizens is a
public necessity.
It is the purpose of this Chapter to set forth the establishment of a Historic Preservation Advisory
Commission which will be charged with preserving buildings, lands, areas, or districts within the
corporate limits of the City which are determined to possess particular cultural or educational value.
The Historic Preservation Advisory Commission shall:
1. Assist and advise the City Council, City Administrator, and other city boards and commissions
on all matters relating to heritage resource preservation, protection and enhancement;
2. Safeguard the significant historic resources of the City by identifying significant historic
resources and nominating them for designation by the City as Shakopee Locally Designated
Historic Properties;
3. Develop and maintain a comprehensive preservation plan;
4. Review applications for city permits in relation to properties designated as Shakopee Locally
Designated Historic Properties;
5. Encourage the preservation, rehabilitation, restoration, and reconstruction of significant historic
resources through public education;
6. Encourage new buildings and development which will be harmonious with the existing historic
buildings and neighborhoods but will not necessarily be of the same architectural style, the
purpose being to develop a historic district as a vital living area in which each succeeding
generation may build with the quality and sensitivity of past generations.
7. Enhance the visual and aesthetic character, diversity and interest of the City of Shakopee; and
8. Foster civic pride in the beauty and notable accomplishments of the past, sense of small town
feeling and sense of place.
Additionally, the Historic Preservation Commission shall abide by the following rules and regulations:
1. The Historic Preservation Commission is to be composed of five (5) members to be appointed
by the City Council, to include residents of the City of Shakopee, Jackson Township, and/or
Louisville Township as representatives of the community.
2. Terms on the Commission shall be three (3) years in duration to be calculated from March 1,
2005. Terms of the initial appointments shall be staggered as to provide orderly transition for
future appointees.
3. Members of the Commission shall serve without compensation and not directly or personally
benefit from any recommendations of the Commission. Members shall annually elect a
Chairperson, Vice Chair, and Secretary, at the first meeting in March. A majority shall constitute
a quorum for the transaction of business. Where not otherwise stated, the business of the
Committee shall be governed by Roberts Rules of Order Newly Revised.
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4. The Committee shall have the following Charges:
a. Investigate and determine actions intended to safeguard the heritage of the City of
Shakopee by preserving properties which reflect elements of the City's cultural, social,
economic, political, visual, or architectural history;
b. Protect and enhance the City of Shakopee's appeal and attraction to residents, visitors,
and tourists;
c. Enhance the visual and aesthetic character, diversity, and interest of the City of
Shakopee;
d. Foster civic pride in the beauty and notable accomplishments of the past;
e. Promote the preservation and continued use of historic properties for the education and
general welfare of the residents of the City of Shakopee; and
f. Establish eligibility criteria and annually survey properties that may be eligible for
inclusion in the State and National Registry of Historic Places.
5. One regular meeting date per month is established as the second Monday of the month at 7:00
pm.
6. The Commission, at its regular meeting in March of each year, shall elect a Chairperson and
Vice Chairperson.
7. The duties and powers of the officers of the Historic Preservation Advisory Commission shall be
as follows:
a) Chairperson:
i) Preside at all meetings of the Commission.
ii) Call special meetings of the Commission.
iii) Sign documents of the Commission.
iv) See that all actions of the Commission are properly taken.
b) Vice Chairperson:
i) During the absence, disability of, disqualification of the Chairperson, the Vice
Chairperson shall exercise or perform all the duties and be subject to all the
responsibilities of the Chairperson.
8. Matters referred to the Commission by the City Council shall be placed on the calendar for
consideration and action at the first meeting of the Commission after such reference.
9. A majority of members of the Commission entitled to vote shall constitute a quorum for the
transaction of business.
10. Roberts Rules of Order are hereby adopted for the government of the Commission in all cases
not otherwise provided for in these rules.
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11. At the first regular March meeting of each year, the Commission will adopt a schedule of
meeting dates for the upcoming year.
12. Deadline for consideration of agenda items: No new agenda items shall be taken up after 10:00
p.m.
13. Any member of the Historic Preservation Commission who shall feel that he/she has a conflict of
interest on any matter that is on Historic Preservation Commission agenda shall voluntarily
excuse him/herself, vacate his/her seat, and refrain from discussing and voting on said items as
a Historic Preservation Commission member.
14. Each member of the Historic Preservation Commission who has knowledge of the fact that
he/she will not be able to attend a scheduled meeting of the Historic Preservation Commission
shall notify the Community Development Department at City Hall at the earliest possible
opportunity and, in any event, prior to 4:30 pm on the date of the meeting. The Community
Development Department shall notify the Chairperson of the Commission in the event that the
projected absences will produce a lack of quorum.
15. No member may serve more than two (2) full consecutive terms as Chairperson.
16. The Vice Chairperson shall succeed the Chairperson if he/she vacates his/her office before
his/her term is completed; the Vice Chairperson is to serve the unexpired term of the vacated
office. A new Vice Chairperson shall be elected at the next regular meeting.
17. The rules and regulations may be amended at any meeting of the Historic Preservation
Commission by a majority of a quorum of the Commission, provided that notice of said
proposed amendment is given to each member in writing at least two weeks prior to said
meeting.
18. Approval of Consent Business on Agendas: All items listed with an asterisk are considered to
be routine by the Historic Preservation Commission and will be enacted by one motion. There
will be no separate discussion of these items unless a Commission member requests, in which
event the items will be removed from the consent agenda and considered in its normal
sequence on the agenda.
19. In accordance with Robert's Rules of Order, the Historic Preservation Commission may and will
limit debate or discussion. In most cases, the Historic Preservation Commission will limit
individual comments to ten (10) minutes.
Chapter II: Definitions:
Alteration: Any act or process which changes the exterior architectural appearance of a structure, site
or area, including, but not limited to:
a. Remodeling or alteration of any part of the street fa9ade of a building;
b. Demolition of any building or structure, in whole or in part;
c. Moving a building or structure to another location;
d. Excavation of archaeological features, grading or earth moving in areas believed to
contain significant prehistoric or historic archaeological sites; or
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e. New construction, including additions, garages and landscape structures.
Archaeoloaical Site: A geographic location possessing the potential to reveal information important to
historic or pre-historic studies and containing the relics, artifacts and other cultural aspects of life.
Architectural Sianificance: Possessing distinctive characteristics of a style, place, period, method, or
materials of construction, builder, or architect.
Suildina: Any structure used or intended for supporting or sheltering any use or occupancy, typically
for any form of human activity. A building also may refer to a historically and functionally related unit,
such as a courthouse and jail or a house and barn. Examples of buildings include: carriage house,
church, garage, hotel, house, library, school, shed, store, theater, etc.
City Planner: The member of the City staff responsible for zoning administration.
Cultural Sianificance: A landmark or setting of manmade or natural features, or a combination,
possessing meaning primarily by long association or identification with the community and its citizens.
Demolition: The razing or destruction, whether entirely or in part, of a resource and includes, but is not
limited to, demolition by neglect. Destruction by fire when arson by the owner or the owner's agent is
proven shall be considered demolition.
Denial: The written rejection of a permit application for work that is inappropriate or
that adversely affects a resource.
District: A definable geographic area that can be distinguished from surrounding properties, and which
possesses a significant concentration, linkage, or continuity of sites, buildings, structures or objects
united historically or aesthetically by plan or physical development.
Enaineering Significance: A work demonstrating a technology, design, or method characteristic of a
historic period or activity.
Evaluation: The process of determining whether identified historic resources meet defined criteria of
historical, architectural, archeological, or cultural significance.
Excavation: The digging out or removal of earth, soil.
Historic Preservation Guidelines: The established criteria by which any proposed changes (within
designated areas); including architectural or site modifications shall be judged.
Historic Preservation Advisor', Commission: The historic preservation advisory commission
appointed by the City Council.
Historic Resource: Any prehistoric or historic building, site, structure, object or district that has
historical, architectural, archeological, or cultural value to the citizens of Shakopee, the State of
Minnesota, or the United States.
Historic Sianificance: The historic preservation value of buildings, sites, structures, objects, and
districts that are linked to important historical events, activities, processes, events, trends, or persons of
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importance to the community, state, or nation that represent notable expressions of architecture or
engineering, or that have yielded important information about prehistory or history.
Improvement: Any building, structure, parking facility, fence, gate, wall, work of art or other object
constituting a physical betterment of real property, or part of such betterment.
Integritv: The original, unaltered or historically altered appearance of a structure, site or area when
taken as a whole.
Locallv Designated Historic Property: Any individual property, parcel, site, building, structure,
resource, work of art, or other object that has been determined to be historically, culturally or
architecturally significant and has been locally designated as a locally designated historic property.
National Register of Historic Places: The nation's official list of properties worthy of preservation
designated by the United States Department of Interior, National Park Service. Nominations of
properties within Minnesota to this list are made through the auspices of the State Historic Preservation
Officer, Minnesota Historical Society.
Obiect: As distinguished from buildings and structures, objects are those constructions that are
primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by
nature or design, movable, an object is associated with a specific setting or environment. Examples of
objects include: fountain, milepost, monument, sculpture or statuary.
Owner of Record: Any person, firm, corporation or other legal entity listed as owner on the records of
the County Recorder of Scott County.
Permit: An official document or certificate issued by the Building Official, City Engineer or other official
of the city pursuant to provisions of the bUil,ding code or other ordinance or regulation, and which
authorized the performance of a specified activity.
Preservation: The act or process of applying measures to sustain the existing form, structure,
integrity, and material of a historic resource.
Preservation Alternatives: Financial incentives and restoration alternatives sufficient for the property
owner to earn a reasonable economic return. Financial incentives include, but are not limited to,
financing, tax credits, tax abatements, preservation grants or other similar incentives. Restoration
alternatives include, but are not limited to, different materials, techniques or methods for rehabilitation
of historic buildings and structures, or archeological sites.
Reconstruction: The act or process of reproducing by new construction the exact form and detail of a
vanished building, structure, or object as it appeared during a specific period of time.
Rehabilitation: The act or process of returning a historic resource to a state of utility through repair or
alteration that makes possible an efficient contemporary use while preserving those portions or features
of the property which are significant to its historical, architectural, archeological, or cultural values.
Repair: Any change which does not require a building permit, and which is not construction, removal or
demolition.
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Restoration: The act or process of accurately recovering the form and details of a historic resource
and its setting as it appeared at a particular period of time by means of removal or later work or by the
replacement of missing historic features.
Site: The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or
archeological value regardless of the value of any existing structure. Examples of sites include:
cemetery, designed landscape, habitation site, natural feature having cultural significance, rock carving,
rock shelter, ruins, trail or village site.
Site Alteration Permit: A permit issued by the City Planner for work that is appropriate and that does
not adversely affect a resource.
Structure: Anything constructed or erected, the use of which requires a permanent or temporary
location on or in the ground, including, but not limited to, the following: earthwork, fences, gazebos,
advertising signs, billboards, backstops for tennis courts, radio and television antennas, including
supporting towers, and swimming pools. As distinguished from buildings, structures are those functional
constructions made usually for purposes other than creating human shelter.
Survey: The physical search for and recording of historic resources that results in an inventory of
buildings, sites, structures, objects and districts worthy of consideration in City planning.
Chapter III. NominationlDesignation of Historic SiteslDistricts:
1. Reports. Prior to designating a local historic site or nominating a site to the National Register of
Historic Places, the Historic Preservation Commission will investigate and catalog any historical,
cultural and architect\.lral significance of a building, site or object proposed for designation. All
recommendations shall be made in consideration of any master plan, zoning requirements, projected
public improvements, and existing or proposed redevelopment plans applicable to the property under
consideration for designation.
2. Criteria for Designation. The Historic Preservation Advisory Commission shall recommend to the
City Council designate areas, buildings, districts, or objects to be designated historic sites. In
considering the designation of historic sites, the Commission may designate a historic site only when
the property is found to meet at least one of the following criteria (age alone cannot create a historic
site or building):
a) The site has character, interest or value as part of the development, heritage, or cultural
characteristics of the city, state or county.
b) The site is the location of a significant historic or prehistoric event.
c) The site is identified with a person or persons who significantly contributed to the city's culture
and development.
d) The site embodies distinguishing characteristics of an architectural type, style, period, form or
treatment.
e) The site is identified with the work of an architect or master builder whose individual work has
influenced the city's development.
f) The site embodies elements of architectural design, detail, materials or craftsmanship which
represent a significant architectural innovation.
g) The site's unique location or singular physical characteristic represents an established and
familiar visual feature of a neighborhood, community or the city.
h) The building on the site is built using locally gathered or manufactured materials.
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i) The age of the structure is fifty (50) years of age or older from the current date (age alone
cannot create a historic site or building).
3. Notification. The property owner is to be notified prior to his or her property being designated by the
City as a historic site as this may/may not restrict what the property owner can do with his or her
property. The property owner should also be given the opportunity to review the proposed designation
and object to it if so desired.
Chapter IV: Establishment of Additional Powers and Duties/Responsibilities of the
Commission:
The Commission shall have the following powers and duties, in addition to those otherwise specified in
this ordinance.
a. Contribution of gifts. The Commission may accept gifts and contributions to be made to the
City and assist the City staff in the preparation of applications for grant funds to be made
through the City for the purpose of heritage preservation. Any contributions or gifts will be
expended in the manner provided through the fiscal policy of the City of Shakopee.
b. Cooperation and coordination with the Scott County Historical Society. The Commission will
coordinate and cooperate with the Historical Society to assure that duplication of services is
avoided and that their mutual cooperation and joint ventures strengthens the preservation of
the heritage and history of the City of Shakopee.
c. City planning and development records. The Commission shall select, on a continuing basis,
City planning and development records, documents, studies, models, maps, plans, and
drawings which represent a permanent record of the City history and development. These
items shall be archived at City Hall.
d. Advise the City Council, City Administrator, and other city boards and commissions and
provide leadership for implementing the historic preservation section of the City Code.
e. Develop and maintain a comprehensive plan for historic resource preservation to ensure
that community development policies and decisions respect the City's history and promote
stewardship of historic resources.
f. Conduct an ongoing survey of historic buildings, sites, structures, objects, and districts and
maintain an inventory of the historic resources in the City.
g. Conduct evaluations to determine the eligibility of historic resources for designation as
Shakopee Locally Designated Historic Properties.
h. Nominate historic resources for designation as Shakopee Locally Designated Historic
Properties by the City Council.
i. Review city permit applications in relation to Shakopee Locally Designated Historic
Properties and make recommendations to the City Planner with respect to issuance of a site
alteration permit.
j, Review and make recommendations to the City on development projects that affect
properties designated historic sites or determined eligible for designation as historic sites.
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k. Inform and educate citizens about the City's heritage and the benefits of preservation.
/. Develop regulatory and incentive programs that facilitate historic preservation.
m. Adopt rules of procedure, subject to City Council approval, to guide the Commission's
deliberations.
n. To confer recognition upon the owners of sites or of property or structures designated
historic.
Chapter V. Permit Application ReQuirements/Review:
1. Site Alteration Permits. No person shall cause the alteration of any Historic Site or structure within a
Historic Preservation District that has been designated by the City's Historic Preservation Advisory
Commission (Commission) as a locally significant historic property without first applying for and
obtaining a Site Alteration Permit. Such application shall be submitted to the Planning Department and
shall be accompanied by a permit fee as set forth by City Council ordinance.
A copy of the application and plans shall be submitted to the appropriate staff who, within ten (10) days
of submission, shall determine whether the Site Alteration Permit application is complete. If incomplete,
the applicant will be notified with instructions for completing the application. When a completed
application is received, it will be filed with the Planning Department for processing.
Requests for a site alteration permit for work that is consistent with the standards of this Ordinance
shall be processed administratively by the appropriate staff. A request for a site alteration permit that
does not meet the standards of this Ordinance will be referred to the Commission for review and
approval.
Applications shall be accompanied by three copies of detailed plans including a site plan, building
elevations, design details and materials, and any other related information deemed necessary to
evaluate the request. Staff and/or the Commission shall review activities in accordance with the
regulations as adopted by the Commission. To facilitate the review of an application, the applicant shall
have considered and prepared documentation on one or more of the following, prior to submitting the
application:
a) Historic photographs of the building.
b) Drawings and notations that describe the proposed work, clearly identifying and dimensioning
each element and feature, its location, size, material, and color.
c) Paint type and color. Paint may be either oil based, acrylic latex, factory applied, or epoxy
coatings, as is appropriate for the material applied to, with assurance to the commission that
careful preparations will be made for proper adhesion and durability. Colors shall be similar to
those used during the era when the building was constructed (earth tones, greens, dark reds,
pale yellows, and browns, were popular in the latter half of the 19th century; lighter shades
predominated in later decades). Bright or unusual colors shall be avoided.
The Building Official shall not issue any permits in regard to an application on a historic designated site
or district until the permit has also been authorized by the appropriate staff for compliance with this
Ordinance.
The Commission shall review and consider the issuance of a Site Alteration Permit to do any of the
following on a designated historic site or district:
a) Remodel, repair, or change in any manner that will alter the exterior appearance of an existing
building or site including painting, signage, awnings, significant landscaping and permanent
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interior remodeling which visibly affects the exterior appearance where visible from the public
right-of-way.
b) New construction including the expansion or enlargement of an existing building or site;
c) Moving of buildings;
d) Demolition in whole or part; or
e) Public improvement projects which directly or indirectly affect a historic site.
2. Site Alteration Permit Review Criteria. All decisions of the Commission with respect to Site Alteration
Permits shall be based on the following criteria:
a) Every reasonable effort should be made to provide a compatible use for a property that requires
minimal alteration of the building, structure, or site and its environment. If no compatible use can
be found, adaptive reuse and rezoning may be considered in lieu of potential demolition.
b) The distinguishing original qualities or character of a building, structure or site and its
environment should not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided where possible.
c) If no discernible architectural style is apparent, a building exterior may emulate or compliment
other prevailing styles within the block.
d) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building,
structure, or site should be treated with sensitivity.
e) Deteriorated architectural features should be repaired if possible. In the event replacement is
necessary, the new material should match the material being replaced in composition, design,
color, texture, and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplication of features, substantiated by historic, physical or
pictorial evidence rather than on conjectural designs or the availability of different architectural
elements from 'other buildings or structures.
f) The surface cleaning of structures should be undertaken with the least abrasive means
possible. Sandblasting and other cleaning methods that will damage historic building materials
shall not be undertaken.
g) Contemporary designs for alterations and additions to existing properties may be permitted
when such alterations and additions do not destroy historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material, and character of the
property, neighborhood or environment.
h) Whenever possible, new additions or alterations to structures should be done in such a manner
that the essential form and integrity of the primary structure would be unimpaired.
i) Every reasonable effort should be made to protect and preserve archeological resources
affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation,
restoration or reconstruction project.
j) The original exterior walls or surface of buildings and structures should be retained to the
maximum extent possible. In no case shall more than fifty (50) percent of the original exterior
walls be destroyed, removed or covered.
3. Commission Review. The Commission shall determine if the work to be performed would adversely
affect the Historic District or Site based on the criteria set forth in the above subsection. If the
Commission finds that the permit application is in substantial compliance with the criteria, the
application shall be approved and the Commission shall forward its conditions and directives and Site
Alteration Permit to the building official as necessary and other persons interested or affected by the
proposal at the discretion of the Commission. The Building Official shall deny any building permit
application for work proposed on a Historic site which has not been first considered by the Commission
or which is inconsistent with conditions or directives issued by the Commission in the Site Alteration
Permit.
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4. FindinQs. Before approving a Site Alteration Permit, the Commission shall make written findings
based on the following guidelines:
a) In the case of a proposed alteration or addition to an existing building, the Commission shall
determine that such alteration or addition will not materially impair the architectural or historic
value of the building. The Commission shall consider the existing structures and existing
exterior appearance, building height, building width, depth, or other dimensions, roof style, type
of building materials, ornamentation, and paving setback.
b) In the case of a new building proposed in a Historic District, that such building will not in itself, or
by reason of its location on the site, materially impair the architectural or historic value of
buildings on adjacent sites or in the immediate vicinity. Additionally, new construction shall
conform to the general height, setback, massing and character of the district.
c) All decisions of the Commission shall be based on explicit findings that are in accordance with
the adopted Historic Preservation Guidelines for each individual Historic District or Site and the
general guidelines set forth in this Ordinance.
5. Appeals to the City Council. The Commission, in any written order denying a permit, shall notify the
applicant of the appeal procedures provided herein. The permit applicant or any party aggrieved by the
decision of the Commission shall, within thirty (30) days of the date of the Commission's written order
and decision, have a right to appeal such order and decision to the City Council. Such appeal shall be
addressed to the City Council and submitted to the Zoning Administrator and shall include a statement
of reasons setting forth the grounds for an appeal. The appropriate staff shall transmit a copy of the
appeal and statement of reasons for the appeal to the City Council and to the Commission. The City
Council may modify or overrule the Commission's decision, but only if the project is found to be
consistent with the recommended standards set forth in this ordinance for preservation projects.
6. Limitations. No building permit and/or site alteration permit subject to review by the Commission
shall be issued by the Building Official until the Commission has provided its comments on the
application. The Commission shall take final action to approve or deny a Site Alteration Permit within
forty-five (45) days of the date a completed application was submitted. If within forty-five (45) days from
the filing of a complete application, the Commission has not commented on the application, the Building
Official may issue the building permit and/or site alteration permit if all other requirements for issuance
have been met.
7. EmerQencv Repairs. In emergency situations where repair is needed to protect the safety of the
structure and its inhabitants, the Building Official in consultation with other appropriate staff, may,
without Commission action, approve the repair of only those items needed to insure safety without prior
Commission action. In case such a permit is issued pursuant to this section, the Building Official shall
require that such repairs be made in conformance with the recommended standards for historic
preservation set forth in this Ordinance and adopted Historic Preservation Guidelines for the district or
site, to the extent possible. In addition, the staff shall notify the Commission of such action and specify
the facts or conditions constituting the emergency situation. The Commission does not intend to hinder
the safety of a structure in an emergency situation.
8. Simplified Review Process for Minor Work. When proposed work is in conformance with the
applicable Historic Preservation Guidelines, as specified in Chapter 5 of this document, permit
applications for minor work may be approved by the Building Official in consultation with other
appropriate staff. Minor work shall include repair or re-roofing; in kind repair to existing windows, doors,
siding or trim; and repairs to porches, fences, retaining walls and landscape. Review will not be
required for work done as part of utility and sidewalk repairs unless such work requires removal of
designated historic objects or features. In no case shall the strict adherence to these standards
supersede the need to make the necessary expedient repairs.
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Chapter VI. Enforcement/Penaltv for Violations.
The purpose of this section is to encourage the sensitive rehabilitation, restoration, stabilization and/or
preservation of historic buildings throughout the City. These rehabilitation and preservation efforts
should provide for the upgrading and maintenance of the safety features of the building or structure to
provide a practical level of safety to the public and surrounding properties. While ensuring this
increased level of public safety, the Commission shall be open to acceptable alternative solutions and
alternative compliance concepts, where practical, that will permit the continued use of existing buildings
and structures without creating overly restrictive financial burdens on owners or occupants. Nothing in
this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of
any building or structure that is required by City code.
An owner, occupant, or designated representative of any area, place, building, structure, or other object
within a locally designated Historic District or Site, who violates any provision of this Ordinance, shall
receive a written notice of violation. The notice shall specify the nature of the violation and possible
means for rectifying the violation.
The notice shall be issued by registered mail or hand delivered, receipt requested, to the owner or
designated representative of the Historic site. Upon receipt of the notice of violation, ten working days
will be allowed to rectify the violation to the satisfaction of the Commission.
If the violation is not rectified to the satisfaction of the Commission as required, the city may issue a
stop work order or commence a civil injunctive action to stop, prevent or abate a violation of this
Subdivision and may also impose additional fees as set forth in the City's fee schedule.
Chapter VII. Repository of Documents.
The office of the City Clerk is designated as the repository for at least one copy of all studies, reports,
recommendations and programs required under this Ordinance.
Chapter VIII. Recording of Historic Sites.
The office of the City Clerk shall record the legal descriptions of all buildings, lands, or areas
designated as Historic Sites by the Commission and shall make such records available to the Building
Code Division.
Chapter IX. Incentives and Tools.
The Commission may recommend the use of any pre-existing incentives and/or tools to encourage and
promote preservation.
The Commission shall also create policies and incentives recommending the use of, but not limited to,
tax increment financing (TIF), fayade easements, tax abatement, assessments or other tools to
encourage and promote preservation activities.
The Commission shall have the duty to work with the Economic Development Authority, City Council,
and State Historic Preservation Office to identify programs and incentives for city-designated historic
properties.
Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and
publication.
14
Adopted in session of the City Council of the City of Shakopee, Minnesota held the
day of ,2009.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2009.
15
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SEVERSON, SHELDON,
LARRY S. SEVERSON DOUGHERTY & MOLENDA, P.A. GARY L. HUUSKO#
JAMES F. SHELDON:j: CHRISTINE J. CASSELLIUS:j:
MICHAEL G. DOUGHERTY"' BRIAN J. \VISDORF"
MICHAELE.MOLENDA:j: MICHAEL D. KLEMM:j:*
LOREN M. SOLFEST *:i: A PROFESSIONAL ASSOCIATION EMILY FOX "WILLIAMS
SHARON K. HilLS ATTORNEYS AT LAW MATTHEW J. SCHAAP
ROBERTB.BAUER* THOMAS R. DONELY
, TERRENCE A. MERRITT:i: SUJTE 600 JESSICA L. SANBORN
! ANNEITE M. MARGARIT 7300 WEST 147TH STREET RYAN J. BlES
; STEPHEN A. LING* APPLE VALLEY, MINNESOTA 55124-4517 'WILLIAM M. TOPKA
(952) 432-3136 ERIN. E. BOERSCHEL
July 21, 2009 TELEFAX NUMBER (952) 432-3780
www.seversonsheldon.com
E-MAIL: bauerr@Seversonsheldon.com
I DIRECT DIAL: (952) 953-8847
I
I VIA EMAIL & U.S. MAIL
! City of Shakopee
i
129 South Holmes Street
Shakopee, MN 55379
Attn: 11ayorJohnJ. Schrnitt,11ayor
Steven Clay, City Council 11ember
Patrick Heitzman, City Council Member
Terry Joos, City Council Member
Matt Lehman, City Council 11ember
RE: Historic Preservation Ordinance
Property Located at 434 Lewis Street South
Mayor and City Council 11embers:
I (and my spouse, Laura) own property located at 434 Lewis Street South, in the City of
Shakopee. We have been advised by the Historic Preservation Advisory Commission that our
property is designated for inclusion as a locally designated historic property. Please consider this
a formal objection to the inclusion of our property as a "locally designated historic property" and
also as our formal objection to the proposed Historic Preservation Ordinance.
I write this letter not only as a property owner, but also as an attorney with significant experience
in municipal and land use matters. The proposed Ordinance as drafted is in direct violation of
Minnesota law. First, the Ordinance arbitrarily establishes a purported list of historic structures.
Under zoning law, there must be uniformity in all zoning districts. Simply put, you cannot have
one set of criteria for one residential property and have a different set of criteria for another
residential property merely because they have been labeled "historic.~'
Second, state law prohibits a municipality by ordinance or otherwise to require building code
provisions relating to components or systems of any structure that are different from any
INDIVIDUAL A1TORNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI
;J:QUALlFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE
#REGISTERED PATENT ATIORNEY mil
"MSBA BOARD CERTlFIED REAL PROPERTY SPECIAllST ;. / . t';
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City of Shako pee
Mayor and City Council Members
July 21, 2009
Page 2
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provision of the state building code. See MINN. STAT. S 326B.121, subd. 1. This statue states, in
pertinent part:
I Subd. (1)
,
The State Building Code is the standard that applies statewide for the
construction, reconstruction, alteration, and repair of buildings and other
structures of the type governed by the code. The State Building Code supersedes
the building code of any municipality. . .
I * * *
Subd. (2)
(c) A municipality must not by ordinance, or through development
agreement, require building code provisions regulating
components or systems of any structure that are different from any
provision of The State Building Code.
MINN. STAT. S 326B.121, subd. 1 and 2.
Just last year, the Minnesota Supreme Court struck down a municipality's regulations and
affrrmed that a municipality may not enact requirements that are different from the State
Building Code. See City o/Morris v. Sax Investments, Inc., 749 N.W.2d 1 (Minn. 2008).
Chapter V of the proposed Ordinance creates additional obligations and burdens upon a property
owner pertaining to the construction, reconstruction, alteration or repair of any existing
residential structure, which are not found in the State Building Code. As such, the City is
attempting to impose greater requirements than that required by the State Building Code in
violation of MINN. STAT S 326B.121.
The Ordinance also places an undue burden upon owners of historic properties with respect to
making copies, drawing of plans, paying additional fees for routine management. As noted, the
Ordinance is establis~ng one set of criteria for historic properties that are vastly different and
more onerous than criteria for a residential property that is not designated as historic.
Finally, with regard to the members of the Historic Preservation Committee, the draft Ordinance
has no requirement that these individuals have any background or training in architecture/design
history, archeology, planning, real estate, building trades, landscape architecture or anything
relevant to making recommendations pertaining to historic preservation. It is also my
understanding that only one member of the Commission would be affected by the proposed
Ordinance.
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City of Shako pee
Mayor and City Council Members
July 21, 2009
Page 3
i In summary, the process appears rushed. It appears that the Commission was working from a
model ordinance that has not been modified since the Supreme Court decision in City of Morris
quoted above. When the Ordinance was first presented by the Commission, we were told we
would have advanced notice of when it would be considered by the City Council. Our notice
was received on July 16, 2009, for a meeting scheduled for this evening.
Based on the above, we respectfully request that the City refuse to approve the proposed
Ordinance.
Very truly yours,
I
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I ~h.~
; Robert B. Bauer
;
RBB/kmw
cc: Mark McNeill, City Administrator
James Thomson, City Attorney