2009 HPC Hearings - Background Info

For the Hardship Exemptions hearing, review the materials provided above.

Review the criteria for considering hardship as described in the City's
ordinance � 345-30. Historic preservation review procedures, Section D.
Please note that the Applicant has decribed the property as "Commercial,"
although much of the property has court-ordered residential subdivisions.
Please also note that the City defines a reasonable rate of return as
12% of current valuation.

Craft your testimony to address these criteria.

1. Application for a Certificate of Economic Hardship shall be made on a form prepared by the Division of City Planning. Such an application may be made in connection with or following the filing of any application for a Certificate of Appropriateness. The Commission shall schedule a public hearing concerning the application and provide notice in the same manner as stated in this Article. A Certificate of Economic Hardship shall be signed by the Chairperson or acting chairperson and one other Commissioner present at the hearing.
2. Criteria.
a. Commercial Property. In order for the Commission to issue a Certificate of Economic Hardship, the applicant must establish to the satisfaction of the Commission that the improvement parcel with such improvements as exist at the time of the request in not capable of earning a reasonable return as herein defined. If such a finding is made by the Commission, it shall approve the application for a Certificate of Economic Hardship and any pending application for a Certificate of Appropriateness for that improvement parcel. The Preservation Commission shall review all the evidence and information submitted by the applicant for a Certificate of Economic Hardship and shall make determination within forty-five (45) days of receipt of the application.
b. Non-Commercial Property. The Preservation Commission may solicit expert testimony or require that the applicant for a Certificate of Economic Hardship make submissions concerning any or all of the following information before it makes a determination on the application.
i. Estimate of the cost of the proposed construction, alteration demolition or removal or an estimate of any additional cost that would be incurred to comply with the recommendations of the Preservation Commission for changes necessary for the issuance of a Certificate of Appropriateness.
ii. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the rehabilitation.
iii. Estimated market value of the property in its current condition; after completion of the proposed construction, alternation, demolition or removal; after any changes recommended by the Preservation Commission; and in the case of a proposed demolition, after renovation of the existing property for continued use.
iv. In the case of proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
v. Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased any terms of financing between the seller and buyer. Remaining balance on any mortgage or other financing secured by the property and annual dept service, if any for the previous two years.
vi. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years.
vii. Assessed value of the property according to the two most recent assessments and real estate taxes for the previous two years.
viii. Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
ix. Any other information, including the income tax bracket of the owner, applicant or principal investors in the property considered necessary by the Commission for a determination as to whether a commercial property does yield or may yield a reasonable return to the owners or whether, in the case of new commercial property, an economic hardship exists.
c. The Preservation Commission shall review all of the evidence and information required of an applicant for a Certificate of Economic Hardship and make a determination within forty-five (45) days of receipt of a completed application whether the denial of a Certificate of Appropriateness has deprived or, or will deprive, the owner of the property of reasonable use of the property.

Application denied - April 1