HomeMy WebLinkAboutHDC2015-015 Municode, Statment 04/09/2012Municode
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(e) Any such other solution as may be deemed advisable and in keeping with the
spirit and intent of this division.
During the time the commission is considering any one (1) of the alternatives
hereinabove set out, progress reports shall be made by the commission or its staff at each
regularly scheduled commission meeting. If at the expiration of six (6) calendar months from
the date of the first public hearing of an application for demolition, the commission has not
found a viable alternative to the demolition of the property, the commission shall reschedule
the matter for public hearing requiring notices as aforesaid, and upon said public hearing,
make its final determination as to the application. In such cases, the public hearing for final
determination shall be held within one (1) calendar month after the expiration of the six (6)
months from the date of the first public hearing, and at the second public hearing, the
commission may hear such matters as are considered necessary or desirable to fully advise
the commission of all facts and circumstances as then exist as they pertain to the proposed
demolition. At the second public hearing the commission may immediately announce its
decision or take the matter under advisement to its next regularly scheduled commission
meeting for the purpose of announcing its decision, but in no event longer than two (2)
calendar months after the expiration of the six-month period after the first public hearing. If the
commission has rendered no decision on the application for demolition within two (2) calendar
months after the expiration of the six (6) months following the first public hearing, the
commission shall consider the application as having been approved and shall issue the
certificate of appropriateness.
(Ord. No. 19,755, § 9, 5-1 5507)
Sec. 23-122. - Substantial hardship.
In addition to considering the matters brought to the commission's attention and the
criteria set out in section 23-120, the commission may determine that failure to issue a
certificate of appropriateness will involve a substantial hardship to the applicant, and
notwithstanding that it may be inappropriate, owing to conditions especially affecting the
structure but not affecting the historic district generally. Such certificate may be issued without
substantial detriment to the public welfare and without substantial derogation from the intent
and purpose of this division, and the commission may approve such application and grant a
i certificate of appropriateness for the activity proposed.
(Ord. No. 19,755, § 9, 5-15-07)
Sec. 23-123. - Reasons for denial.
If the commission determines that a certificate of appropriateness should not be issued,
it shall place upon its record the reasons for such determination and may include
recommendations respecting the proposed construction, reconstruction, alteration, restoration,
moving, or demolition.
(Ord. No. 19,755, § 9, 5-15-07)
Secs. 23-124-23-128. - Reserved.
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