Demolition District Review procPlanning Services Department
City Hah
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
plarming@cityo f dubuque.org
December 23, 2002
The Honorable Mayor and City Council
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
SUBJECT: Proposed Revision to Demolition District Review Process
Dear Mayor and City Council Members,
The Historic Preservation Commission is proposing a revision to the demolition district
review process that would be consistent with similar project review processes. A draft
amendment to the City Code is attached for your consideration.
DISCUSSION
Presently, the Historic Preservation Commission has 60 days to review an application
for a demolition permit in a demolition district. The clock starts running on the date the
permit application is filed with the Building Services Department. If the Commission
does not complete its review in this 60-day period, then the application goes on to the
City Council with an approval rating. The City Council then has 30 days to review and
act on the application.
Having the 60-day review period start with the date the permit application is filed with
the Building Services Department often means that the applicant is not aware of the
demolition district review process until after the permit application is filed. Since the
supporting documentation required by the City Code can take time to assemble, the
applicant and the Commission are both at a disadvantage to getting the information in a
timely manner.
RECOMMENDATION
The Historic Preservation Commission is proposing a revision to the demolition district
review process that would shift the start of the 60-day Commission review period to the
date the permit application and the supporting documentation are filed with the
Commission.
-Having the 60-day review period start with the date the demolition request is filed with
Demolition Review Process
December 23, 2002
Page 2
the Historic Preservation Commission is consistent with the 60-day review process that
the Commission has for requests in the historic districts. It is also consistent with the
60-day review process that the Zoning Advisory Commission has for rezoning requests.
The Historic Preservation Commission believes that the recommended change in the
demolition district review process would be fairer to both the Commission and the
applicant.
Sincerely,
Christopher Wand, Chairperson
Historic Preservation Commission
erlcJosure
Michael Van Milligen, City Manager
James O'Brien, Assistant City Attorney
Rich Russell, Building Services Manager
Icarstens,~p/Hpc/demo review Itt.doc
ORDINANCE NO. 1-03
AN ORDINANCE AMENDING SECTION 11-4 (b) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES PERTAINING TO THE REVIEW PROCESS OF THE
HISTORIC PRESERVATION COMMISSION FOR DEMOLITION DISTRICTS.
Whereas, the City of Dubuque has established demolition districts to allow for the
City Council's review of demolition permits that might impact buildings of historic or
amhitectural significance in such districts; and
Whereas, the City Council has appointed the Historic Preservation Commission to
serve as an advisory review board for demolition permits in such districts; and
Whereas, the City Council desires to have a review process that is fair to both the
Commission and the applicant for the approval or denial of demolition permits in such
districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-4(b) of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
11-4(b) Review by the Historic Preservation Commission. Upon receiving an
application for a demolition permit for any building subject to this section, the building
official shall immediately notify the Historic Preservation Commission of such
application.
The applicant shall file the information required in this section with the Historic
Preservation Commission at the Office of the Planning Services Deparb'nent by the
application deadline established by the Commission.
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of the application, or table the application for additional information
for a specified period not to exceed sixty (60) days from the date of application with the
Commission. A failure of the Commission to take action on the application within the
sixty (60) day period, unless the applicant requests an extension of such time, shall
constitute Commission approval thereof. The recommendation of the Commission shall
be transmitted to the City Clerk. The City Clerk shall transmit the recommendation and
the application within the sixty (60) day period to the City Council for its consideration.
The Commission shall review all of the information submitted by the applicant and shall
Ordinance No. - 03
Page 2
make a determination as to the following:
(1) Whether the building proposed for demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property owner
from earning a reasonable economic retum on the property.
If the Commission finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property, or that the building does
not have any historical or architectural significance to the community, the Commission
shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property and that the building
has historical or architectural significance to the community, the Commission shall
recommend denial of the permit application.
Section 2. The Historic Preservation Commission has heretofore reviewed this
ordinance.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this 6th day of January, 2003.
Terrance M. Duggan, Mayor'
Jeanne F. Schneider, City Clerk
IcarstenA~plHpc/demo review.doc