HomeMy WebLinkAboutHeritage Preservation Topic: Heritage Preservation Board (HPB)
Date Introduced: November 24, 2009
Why on the list: Issue was raised by members of the Heritage Preservation
Board in regard to conflicting standards for driveway width and
side yard setbacks.
History: The Heritage Preservation Commission was established in
1975. They are charged with advising the City Council, staff
and other boards and commission on all matters relating to
heritage resource preservation, protection and enhancement.
(See the powers and duties of the HPB in the attached
documents.)
There has been confusion as to when the ZBA should review
variances on properties that also require review by the HPB.
Decision Points/
Options: 1. Establish HPB policies regarding when/if projects should
be reviewed by the HPB.
Section 801 - Heritage Preservation
801.01 Policy and Establishment. The City Council finds that historically significant
buildings, sites, structures, objects and districts represent scarce, non-renewable heritage
resources that are critical assets for community development; that heritage preservation is
an important public service and a legitimate responsibility of City government; and that
the preservation, protection and enhancement of significant heritage resources for the
benefit of present and future citizens is a public necessity. Therefore,pursuant to
Minnesota Statutes §471.193, the City Council continues the Heritage Preservation Board
(the "Board") as the City's heritage preservation commission.
801.02 Purpose. The Board shall assist and advise the City Council, City Manager, and
other city boards and commissions on all matters relating to heritage resource
preservation,protection and enhancement. The Board shall safeguard the significant
heritage resources of the City by identifying significant heritage resources and
nominating them for designation by the City Council as Edina Heritage Landmarks; by
developing and maintaining a comprehensive preservation plan; by reviewing
applications for city permits in relation to properties designated as Edina Heritage
Landmarks; and by encouraging the preservation, rehabilitation,restoration, and
reconstruction of significant heritage resources through public education.
801.03 Definitions. Unless otherwise stated, or unless the context clearly indicates a
different meaning, the words or phrases in the following list of definitions shall, for the
purposes of this chapter, have the meanings indicated:
Certificate of Appropriateness. A certificate issued by the City Planner and attached to
a city permit evidencing compliance with the city's comprehensive heritage preservation
plan.
City Planner. The member of the City staff responsible for zoning administration.
Comprehensive Heritage Preservation Plan. The official guide plan for implementing
the City's heritage resource preservation policies, adopted by the City Council,that
establishes goals and priorities and integrates heritage preservation with other planning
data.
Edina Heritage Landmark. Any heritage resource so designated by the City Council
that is significant in history, architecture, archeology, or culture and therefore worthy of
preservation and consideration in City planning.
Evaluation. The process of determining whether identified heritage resources meet
defined criteria of historical, architectural, archeological, or cultural significance.
Heritage Preservation Board. The heritage preservation advisory commission
appointed by the City Council.
Heritage Resource. Any prehistoric or historic building, site, structure, object or district
that has historical, architectural, archeological, or cultural value to the citizens of Edina,
the State of Minnesota, or the United States.
Preservation. The act or process of applying measures to sustain the existing form,
structure, integrity, and material of a heritage resource.
Reconstruction. The act or process of reproducing by new construction the exact form
and detail of a vanished building, structure, or object as it appeared during a specific
period of time.
Rehabilitation. The act or process of returning a heritage resource to a state of utility
through repair or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the property which are significant to its historical,
architectural, archeological, or cultural values.
Restoration. The act or process of accurately recovering the form and details of a
heritage resource and its setting as it appeared at a particular period of time by means of
removal or later work or by the replacement of missing historic features.
Significance. The heritage preservation value of buildings, sites, structures, objects, and
districts that are linked to important historical events or persons,or that represent notable
expressions of architecture or engineering, or that have yielded important information
about prehistory or history.
Survey. The physical search for and recording of heritage resources that results in an
inventory of buildings, sites,structures, objects and districts worthy of consideration in
City planning.
801.04 Duties and Responsibilities. The Board shall:
Subd. 1. Advise the City Council, City Manager, and other city boards and commissions
and provide leadership for implementing the heritage preservation chapter.
Subd. 2. Develop and maintain a comprehensive plan for heritage resource preservation
to ensure that community development policies and decisions respect the City's heritage
and promote stewardship of heritage resources.
Subd. 3. Conduct an ongoing survey of historic buildings, sites, structures, objects, and
districts and maintain an inventory of the heritage resources in the City.
Subd. 4. Conduct evaluations to determine the eligibility of heritage resources for
designation as Edina Heritage Landmarks.
Subd. 5. Nominate heritage resources for designation as Edina Heritage Landmarks by
the City Council.
Subd. 6. Review city permit applications in relation to Edina Heritage Landmarks and
make recommendations to the City Planner with respect to issuance of certificates of
appropriateness.
Subd. 7. Review and make recommendations to the Planning Commission on
development projects that affect properties designated heritage landmarks or determined
eligible for designation as heritage landmarks.
Subd. 8. Inform and educate citizens about the City's heritage and the benefits of
preservation.
Subd. 9. Develop regulatory and incentive programs that facilitate heritage preservation.
Subd. 10. Adopt rules of procedure, subject to City Council approval, to guide the
Board's deliberations.
Subd. 11. Prepare an annual report to the City Council, describing the Board's
accomplishments during the past year and presenting goals and objectives for the coming
year.
801.05 Membership.
Subd. 1. Voting Members.The Board shall consist of nine(9)voting members. Seven
(7)members shall be adult legal residents of the City appointed by the Council to three
(3) year terms of office. Members shall have a demonstrated interest,knowledge, ability
or expertise in heritage preservation. If available, at least one(1)member shall be a
qualified professional historian, architect, architectural historian, archeologist,planner, or
the owner of a heritage landmark property. One(1)member of the Board shall be
appointed annually from the Planning Commission. The Council shall annually appoint
one(1)student to serve on the Board as a voting member. Members of the Board shall
serve without compensation and may resign voluntarily or be removed by majority vote
of the Council or pursuant to Section 180 of this Code. Members who discontinue legal
residency in the City shall be automatically considered to have resigned from office
effective as of the date of such discontinuance. Upon termination of a voting member's
term,that member's successor shall be appointed for the remainder of such term.
Subd. 2. Edina Historical Society Membership. A member of the Board shall be a
member of the Edina Historical Society.
Subd. 3 County Historical Society Membership. A member of the Board shall be a
member of the Hennepin County Historical Society.
801.06 Organization. The Board shall:
Subd. 1. Elect from its members a chairperson and an associate chairperson, each of
whom shall serve for a period of one year.
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Subd. 2. Adopt such bylaws and rules of procedure as shall be necessary or desirable for
the conduct of its business.
Subd. 3. Appoint a secretary from its membership or request assignment of a staff
secretary to be furnished by the City. If a secretary is assigned by the City, the secretary
shall perform only such clerical duties on behalf of the Board as may be assigned by the
chairperson with the consent of the City Manager.
801.07 Professional Staff. The City Manager shall provide the Board with professional
staff with expertise in heritage preservation
801.08 Meetings. All meetings of the Board shall be open to the public and be governed
by its rules of procedure. The Board shall hold its regular meetings on such fixed date
and in such fixed place as it from time to time shall determine,with special meetings at
the call of the chairperson. The minutes of all meetings shall be recorded in writing and a
copy of the minutes transmitted to each member of the Council.
801.09 Repository for Documents. The office of the City Manager shall be the
repository for all minutes, reports, studies, plans and other official documents produced
by the Board.
History: Ord 802-A2 adopted 10-22-75; Ord No. 2002-03 adopted 6-18-02 deleting
Section 800 and replacing with Section 801.
Reference: M.S. 138.17, 471.193
Cross Reference: Sections 180, 850; Subsection 850.20
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Minutes of the Meeting of the Planning Commission on November 24, 2009
TOPIC: Role of the Heritage Preservation Board in
development review
DATE INTRODUCED: November 24, 2009
DISCUSSION 11/24/2009
Introduction
Planner Teague noted that the HPB has raised the issue of conflicting standards
(HPB & Zoning Ordinance) for driveway width and side yard setbacks. Planner
Teague added the HPB has also acknowledged as indicated previously by Chair
Rofidal that there has been confusion as to when the Zoning Board of Appeals
should review variances on property that also required review by the HPB.
Concluding, Planner Teague said in his opinion it would be a good idea if the
Commission were to establish policies regarding when/if projects are reviewed by
the HPB.
Discussion 11/24/2009
Chair Fischer said he believes the ordinance should establish language when
there is a crossover between commissions/boards. Continuing, Chair Fischer
said in his opinion the HPB should hear the issue first and forward their action to
the board.
Commissioner Staunton agreed; however if the HPB were to issue a Certificate
of Appropriateness (COA) that requires a variance and the Zoning Board hears
the request and makes modifications would that need to go back to the HPB?
Commissioner Carpenter said in his opinion the ordinance update could
implement different standards for the HPB. Commissioner Carpenter pointed out
of the three Commissions discussed the HPB is the only Commission with review
authority. Chair Fischer agreed pointing out that the City Attorney would need to
weigh in on any language and process change.
Commissioner Grabiel said he would like more City Attorney input on this topic.
He questioned who would decide conflict, adding where is the line drawn
between what the HPB requires and the Zoning Board. Could issues bounce
back and forth between them?
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Further discussion acknowledged the all board and commissions serve at the
pleasure of the City Council, pointing out there is an appeals process if projects
are denied, etc.
Action
Preliminary Recommendation to establish policies regarding when/if
projects should be reviewed by the HPB. Have the City Attorney also
weigh in.
TOPIC Heritage Preservation Board role in the
Development Review Process
DATE INTRODUCED November 24, 2009
CONTINUED DISCUSSION December 9, 2009
Discussion
The ZOUC discussed the roles of the Zoning Board of Appeals and the Heritage
Preservation Board (HPB) and decided as a final recommendation that
applications should first receive HPB review, prior to variance review by the
Zoning Board of Appeals.
City Attorney Knutson reiterated that the City could re-zone the Country Club
Overlay District as a separate Zoning District with unique and specific
requirements from what is currently required by the R-1 District.
Action
The ZOUC agreed to a final draft recommendation that when a variance is
required in the Country Club or other Edina Heritage Landmark District that
also requires a Certificate of Appropriateness (COA); the Heritage
Preservation Board should hear the COA application prior to variance
review by the Zoning Board of Appeals.