City of Brighton
Reference: Consideration of Appeal from the Historic Preservation Commission Decision Denying the Certificate of Appropriateness and the Certificate of Exemption
BACKGROUND:
Brighton Land Use Code (“LUDC”) requires that after a structure has received a historic designation, prior to a permit for any alteration to the historic landmark, the applicant must receive a Certificate of Appropriateness from the Historic Preservation Commission (“HPC”) for the proposed work. LUDC § 10.03(D).
The HPC conducts a public hearing to consider all relevant evidence concerning the proposed Certificate of Appropriateness application and makes a determination. LUDC § 10.03(D)(2)(d). Prior to receiving a permit to demolish, the applicant must obtain a Certificate of Appropriateness for demolition. LUDC § 10.03(D)(6).
If a Certificate of Appropriateness has been denied or the application does not conform to the applicable criteria, the applicant may request demolition pursuant to a Certificate of Exemption. The Exemptions are as follows: 1) Economic hardship if for non-income producing properties, the owner is unable to resell the property in its current condition, or the economic hardship claimed is not self-imposed; 2) Health/safety hardship exemption if the criteria for the Certificate of Appropriateness creates a situation substantially inadequate to meet the applicant’s needs because of specific health and/or safety issues. LUDC § 10.03(D)(7).
An applicant may appeal a decision of the HPC to the City Council. The City Council may uphold the decision of the HPC for a Certificate of Appropriateness, approve the application, approve the application with conditions, or deny the application. LUDC § 10.03(D)(4). At the City Council meeting, the applicant and the HPC may present evidence relevant to the application, the decision, and the appeal. Following the hearing, the City Council may uphold the decision of the HPC, approve the application, approve the application with conditions, or deny the application. LUDC § 10.03(D)(7)(e).