Demolition District Process Est
Planrung Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 roD
p lannin g@cityofdubuque.org
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May 27, 2004
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The Honorable Mayor and City Council
City of Dubuque
50 W.13th Street
Dubuque, IA 52001
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SUBJECT: Process for Establishing Demolition Districts
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Dear Mayor and City Council Members:
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Introduction
The Historic Preservation Commission (HPC) is requesting that the City Council provide
further direction on the Council's desired process for establishing Demolition Districts.
What is a Demolition District?
A demolition district is an area of the city composed of structures that have historical or
architectural value. In demolition districts, the Building Official cannot issue demolition
permits without approval by the City Council.
The City Council has created 8 demolition districts to help protect architecturally and
historically significant structures from being demolished (see enclosed map).
When were they formed?
The City Council established the first demolition districts in 1975. The demolition
districts were created as an interim ordinance until a Historic Preservation Ordinance
could be drafted. A Historic Preservation Ordinance was adopted by the City Council in
1977 and a Historic Preservation Commission was established in 1979.
How is a Demolition District different from a Historic Preservation District?
In Historic Preservation Districts, the City Council has given the HPC the responsibility
to regulate exterior changes being made to structures located in these districts. The
HPC does not regulate interior changes.
In the Demolition Districts, the HPC does not review any interior or exterior changes to
buildings. The HPC does not review upgrades and investments to facilities, equipment,
or infrastructure in these districts. The City Council has given the HPC the responsibility
to review only demolition requests in the Demolition Districts. The HPC serves in an
advisory role to the City Council, providing a recommendation for approval or denial of a
demolition request.
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Process for Establishing Demolition Districts
Page 2
What criteria does the HPC use for demolition requests in Demolition Districts?
When reviewing requests for demolition permits in the Demolition Districts, the HPC
must, by City Code, 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 return on the property.
If the HPC 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
must, by City Code, recommend approval of the application.
If the HPC 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 must, by City
Code, recommend denial of the permit application.
When did the HPC become involved in Demolition Districts?
The City Council amended the Demolition District regulations in 2000 to add review by
the HPC. Prior to this amendment, the City Council had 90 days to review the building's
architectural and historical significance, and then authorize or deny the request.
What was the process for establishing the existing Demolition Districts?
The 8 existing demolition districts were established at the initiative of the City Council.
Notices were not sent to property owners. No public input was sought.
The last demolition district established was for the Downtown Neighborhood in 2001.
This demolition district is the largest in land area. It was established at the initiative of
the City Council without public input or economic analysis.
What is the current process for establishing Demolition Districts?
In 2002, the City Council directed the Historic Preservation Commission to seek public
input from the owners of property in proposed Demolition Districts.
The Historic Preservation Commission has held public meetings to discuss two
proposed Demolition Districts. The owners of property in the proposed districts were
notified in writing of the meetings and encouraged to attend, ask questions, and provide
input. They were provided with information about demolition districts and historic
districts.
One of these proposed districts, the Warehouse Demolition District, was initiated by the
Historic Preservation Commission based on results of an architectural and historical
survey of the area. In 2003, the City Council directed the HPC to obtain an economic
analysis of the proposed district. This was done as part of the Downtown Master Plan.
Process for Establishing Demolition Districts
Page 3
The second proposal, the Grandview Avenue Parkway Demolition District, was initiated
by a petition submitted to the HPC by two property owners in the proposed district.
What is the desired process for establishing Demolition Districts?
With the differing directions and reactions of the City Council for the Commission-
initiated proposal for a Warehouse Demolition District and the privately-initiated
Grandview Avenue Parkway Demolition District proposal, the HPC is unclear as to what
process the City Council would like to follow for establishing Demolition Districts.
One option would be to go back to the process used for the establishment of the 8
existing Demolition Districts, in which new districts are established at the City Council's
initiative without public notice to property owners and without public input.
A second option would be to have all proposals and/or petitions for establishing new
Demolition Districts submitted to the Council, and then the Council could decide
whether or not to refer the 'requests to the HPC for a recommendation.
Recommendation
The Historic Preservation Commission respectfully requests that the City Council
establish the process for creating Demolition Districts.
Sincerely,
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Christopher Wand, Chairperson
Historic Preservation Commission