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Historic Preservation Board wants more power

Contributed by: Ed Dorsey on 6/13/2007

Keep historic preservation advisory, council decision makers

About two years ago, the Golden Historic Preservation Board (HPB) began researching revisions to the City of Golden Municipal Code (Chapter 18.58) dealing with historic preservation matters, including the make-up and duties of HPB itself.

Their goal was to strengthen the code and help preserve historic structures in the City. Their initial efforts resulted in a proposal to City Council in February 2006, which included additional regulations, different categories of voluntary historic designations (each with different regulatory requirements) and changing the Certificate of Appropriateness process (used for review of demolition and alteration/additions to historic structures) to a regulatory process rather than just a review process.

The proposal also reaffirmed HPB as an Advisory Board that made recommendations to City Council for their approval. However, HPB proposed to be more proactive and recommended financial assistance for historic preservation.

For some reason, after the February 2006 meeting with City Council, HPB went back to the drawing board and redid their proposed revisions.

Perhaps they were encouraged to do so by City Council or perhaps one or more members of HPB wanted more teeth in the revisions.

I have no knowledge of either, but about a year later, a new set of revisions surfaced at an open house hosted by HPB in January 2007.

The revisions presented at that time made a giant leap by proposing that HPB be transformed from an advisory board to one with binding decision-making authority in most historic preservation matters. City council would be relegated to an appeal board rather than making the final decision as it does with all other boards and commissions.

Some 44 people attended the open house and generated significant discussion that resulted in both verbal and written comments.

As a result of this community input, HPB revised its proposal including dropping the requirement that HPB review demolition requests for all structures 50 or more years old and increased penalties for violations of the code.

It also clarified the fact that only city council could deny requests for demolition or alteration/addition of structures and districts, but recommended that HPB be able to approve such requests.

These new revisions to the code are contained in a white paper that HPB intends to present to city council at a Study Session on July 19.

Also covered in the white paper is a historical perspective on HPB efforts in revising the code, additional criteria for historic designation and some alternatives for city council to consider in existing historic districts, including pros and cons.

After reviewing the white paper, I applaud the inclusion of substantial data from the open house and the excellent work on detailing additional criteria for evaluating historic designation requests.

I do however oppose approval authority for HPB, sensing that split responsibility in the process (HPB approves, and if not, City Council can approve or deny) will only confuse the applicant and public at large.

I see no reason not to leave the decision-making authority with city council and disagree with the HPB contention in the white paper that it has approval authority in the Certificate of Appropriateness process in the current code, which must be used for review of requests for demolition or alterations/additions to existing designated sites/districts.

The process today is a review process only. HPB can make suggestions and recommendations to the applicant after review of an alteration or addition. If the applicant agrees, it will be added to the building permit as a condition. If the applicant doesn't agree, nothing happens and they can get their building permit after the review. HPB actually acknowledges this in the white paper section on alternatives for existing districts.

When it comes to demolitions, the only HPB approval is an implied approval if they don't hear the case in 30 days, or they can continue the case for 180 days (but the applicant can appeal such continuance to City Council). There really is nothing in the current code that says HPB actually can approve (or disapprove).

I support Historic Preservation of truly historic structures, but I also support individual property rights.

I like most of what I see in the latest HPB proposal but urge HPB and City Council to continue their current roles of HPB as a review/advisory board and the City Council as the elected officials who make the decisions.

I also urge city council to consider grand fathering existing sites and districts from any new regulations that they were not advised of when they agreed to be in historic districts.

Lastly, I repeat my earlier recommendation that both HPB and city council provide definitive procedures within any revised code to allow for homeowners to opt out of a historic district.

Although city council usually grants requests of this nature, they are not obligated to do so by code and I suggest a voluntary system whereby individual owners within a district can just opt out according to a specified procedure to do so within the code.

Ed Dorsey is an active community volunteer, Lions Club member and writer who lives in Golden.


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CONTRIBUTOR INFORMATION

Ed Dorsey

Golden , CO

Ed Dorsey has posted 40 stories and 3 comments since joining on 2/21/2007. Ed Dorsey 's average story rating is 5.
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