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84-673 WHITE - CITY CLERK PINK - F�IANCE GITY OF SAINT PAUL Council /jf /� � CANARY -OcPARTMENT File NO. V �_� "� BLUE - MAVOR 0 di G Ordinance N 0. � /�T� Presented By Referred To ��l '�U� �'�'n`� � Committee: Date Out of Committee By Date An Ordinance amending Chapter 73 of the Saint , Paul Legislative Code pertaining to Heritage Preservation. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Section 73.05, subsections 5 and 7, of the Saint Paul Legislative Code pertaining to Heritage Preservation are hereby amended to read as follows: (5) Hearings. Prior to the heritage preservation commission recommending to the city council any building, district, or object for designation as a heritage preservation site, the commission shall hold a public hearing and seek the recommendation of all concerned citizens. Prior to such hearing the heritage preservation commission shall cause to be published in a newspaper of general circulation notice of said hearing at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of property proposed to be designated a heritage preservation site and to all property owners within �5A 100 feet of the boundary of the area to be designated a heritage preservation site. (7) Council designation, hearings. The city council , upon the request of �he heritage preservation commission, may by ordinance designate a heritage preservation site. Prior to such designation the city council or one of its com- mittees shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of COUNCILMEN Requested by De artment of: Yeas Nays � Fletcher Drew In Favor Masanz Nicosia B Scheibel A gai ns t Y TedesCo Wilson Form Ap ed Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date A ro e y Mayor for S i ouncil By WHITE - CITY CLERK 1 PINIL ,- FYJANCE COl1I1C11 CANARV - DEPARTMENT CITY OF SAINT PAiTL File NO. d�'y �0�3 BLUE -MAYOR • Or in�nce Ordinance N0. � Presented By Referred To Committee: Date Out of Committee By Date property which is proposed to be designated a heritage preservation site and to all property owners within ��A 100 feet of the boundary of the area to be desig- nated a heritage preservation site. Section 2. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. 2. COUNCILMEN Requested b De artment of: Yeas Nays � Fletcher � Drew [n Favor Masanz d scnei�be� A gai n s t BY Tedesco Wilson Adopted by Council: Date �UL 10 198�+ Form Approved ity Attorn Certified P uncil S ta BY By App d y Mayor: Date •Jl1L 1 1 1984 App by ayor for S is Council By By PUBIISFt� �UL 141984 . „ (RETURN TO JER�ME S�GAL AFTER ADOPTI.ON) wNITE - C�TY CLERK � PINK FINANCE COl1I1C1I �j CANAFY �- DEPARTMENT GITY OF SAINT PAUL File NO. � d ��7 � BLUE - MAVOR C/��ZIZGZIZCP. Ordinance N O. �� Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 73 of the Saint Paul Legislative Code pertaining to Heritage Preservation. THE COUNCIL QF THE CITY OF SAINT PAU.L DOES ORDAIN: Section 1 . That Section 73.05, subsections 5 and 7, of the Saint Paul Legislative Code pertaining to Heritage Preservation are hereby amended to read as follows: (5) Hearings. Prior to the heritage preservation commission recommending to the city council any building, district, or object for designation as a heritage preservation site, the commission shall hold a public hearing and seek the recommendation of all concerned citizens. Prior to such hearing the heritage preservation commission shall cause to be published in a newspaper of general circulation notice of said hearing at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of property proposed to be designated a ' heritage preservation site and to all property owners within ��9 100 feet of the baundary of the area to be designated a heritage preservation site. (7)� Council designation, hearings. The city council , upon the request of the heritage preservation commission, may by ordinance designate a heritage preservation site. Prior to such designation the city council or one of its com- mittees shall hold a public hearing, notice of which shall have been published in a newspaper of general . circulation at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of COUNCILMEI�i Requested by Department of: Yeas Nays - Fietcher �,zW In Favor Masanz � t��cos�a Against BY Scheibai Tedosco Witson Form Approved by City Attorney Adopted by Council: Date _ Certified Passed by Council Secretary BY By Ap.roved by Mayor: Date Approved by Mayor far Submission to Council WMITE - CITY CLERK � VINK - FINANCE COl1RC11 // CANARV - DEPARTMENT GITY OF SAINT PAUL (j 7 BLUE - MAYOR . Flle �0. �/ � / � O ��. • 0 rdin�nce Ordinance N�. �7�`t� Presented By Referred To Committee:. Date Out of Committee By Date property which is. proposed to be designated a heritage preservation site and to all property owners within ��8 100 feet of the boundary of the area to be desig- nated a heritage preservation site. , Section 2. This ordinance shall take effect and be in force thirty days from and after its passage, approval and publication. � 2. COUNCILMEN Yeas Nays Requested by Department of: Fletcher ��ew In Favor Masanz Nicosia B scnettei A gai n s t Y Tedesco Wilson Forin Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By f3y Approved by Mayor: Date Approved by Mayor for Submission to Council • � - � �f-- �-� 7� pF� DEPARTFIENT ��/(f� Thomas Zahn CONTACT _ 7494 ext. 297 pHONE � �� A ri1 1 � 1984 DATE � � (Routing and Explanation Sheet) Assi� Number for Routing Order (Clip All Locations for Matyoral Signature): _ � �Department Di rector . . 3 City Attorney RE��i�°�D 4 Di rector of hlanagement/Mayor ��`� AP R � 5 ;gg� Q��„ `" Finance and Management Services Director �� `r� 5 City Clerk � ��AYOn'S QFF�CE udget Director . Deputy DTrector for Planning ,�� Ihat Will be Achieved by Taking Action on the Attached Mnterials? (Pur�ose/Rationale): Local designation process will be less costly and less time consuming for City staff. Financial , Budgetary aqd Personnel Impacts Anticipated: Resulting notification less costly. Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Nun�er all Attachments�: 1. Heritage Preservation Commission resolution # 84-2 (10) 2. Heritage Preservation Ordinance #16006 (changes noted� 3. City of St. Paul �rdinance chanae DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes X No Council Resolution Ordi an e Requi red? ��p��p Requi red? � Yes No Yes X No Insurance Required? Insurance Suffici�nt? Yes �_ No Yes x No Insurance Attached? Revision of October, 1982 " ��PP RPVPI^CP SidP for �Instructions) . . � . �i/F ��/-�73 /�/�� city of saint paul her�tage preservation commission resolution . file number.�4-� date March 8, 1984 WHEREAS, the Saint Paul Heritage Preservation Commission is required by the City of Saint Pau1 , Ordinance 16006, to send out notice of the City Council public hearing on local designation to all property owners within 350 feet of the boundary of the area to be designated as a Heritage Preservation Site; and WHEREAS, the Saint Paul Heritage Preservation Commission made the following findings of fact: 1. A public hear;r�g notice is pu�lished in a papQr of general circulation at least twenty (20) days prior to a hearing recommending local designation. 2. The notification of all proper�y owners within 350 feet of the proposed preservation sites is costly and time consuming. 3. The designation of Heritage Preservation Sites does not con- stitute a land use change and�;has no adverse affects on adjacent properties. 4. The noti-Fication of property owners within 100 feet of proposed preservation sites would adequately safeguard neighboring concerns. NOW, THEREFORE, BE IT RESOLVED, by the Heritage Preservation Commission that based on the above findings of fact the Commission recommends to the City Council an amendment to Ordinance 16006 changing the required notification distance from 350 feet to 100 feet. 4 moved b ��ii chel s seconde by _ M; ,P� �n favor �. against a v . . . � �� i�i�� CITY OF ST. PAUL HERITAGE PRESERVATION ORDINANCE ORDINANCE NUMBER 16006 A legis7ative ordinance relating to the preservation , protection, perpetuation , and use of areas, places, buildings , structures , and other objects having a speci�l historical , community or aesthetic interest or value; establishing a St. Paul Heritage Preserva- tion Commission and fixing its powers and duties; establishing penalties for violation of the ordii�ance. THE COUNCIL OF THE CITY OF ST. PAUL DOES ORDAIN: Section l. Declaration of Public Polic and Purpose The Council of the City of St. Paul hereby declares as a matter of public policy that the preservation , protection , perpetuation and use of areas, places , buildings , structures, and other objects having a special historical , co�nmunity or aesthetic interest or value is a public necessity, and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to: (A) Safeguard the heritage of the City of St.Paul by preserving sites and structures which reflect eleme�ts of tl�e ci ty's cul tural , soci a1 , economi c, poi�ti ca� , or architectural history; (B) Protect and enhance the City of St. Paul ' s attractians to residents, tQurists , and ��isitors , and serve as a . _ � support and stimulus to business and industr,y; (C) Enhance the visual and aesthetic character, diversity and interest of the City of St. Pau1 ; ( D) Foster civic pride in the beauty and notable accomplishments of the past; and (E) Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City of St. Paul . -2- . . . Section 2. Definitions. As used herein : "Heritage Preservation Site" shall mean any area, place, building, structures, lands , districts or other objects which have been duly designated Heritage Preservation Sites pursuant to Section 4 of this Chapter. Section 3. Heritage Preservation Commission Established. (A) Members. There is hereby created and established a St. Paul Heritage Preservation Commission, hereinafter the "Commission" , which shall consist of eleven voting members, ten to be citizens of St. Paul appointed by the Mayor, by and with the advice and consent of the City Council , and one to be designated by the St. Paul-Ramsey County Historical Society. At least two of the ten members appointed by the Mayor shall be professionally registered architects. The Chairman of the St. Paul Planning Commission or his designate shall be an ex-officio non-voting member of th� Neritage Preservation Commission. . (B) Term. The Mayor and Council shall initially designate three appointees to serve a term of one year, four appointees to serve a term of two years , and four appointees to serve a term of three years. All subsequent appointments shall be for a term of three years. In the event of a vacancy, the vacancy for the unexp�red term shall be filled in the same manner as the appointment is made. Members shall serve without compensatior: and shall continue to hold offices until their successors have been appointed and qualified. (C} Organization. The Commission when formed sha11 e1ect from its members, such officers as it may deem nec�ssary. The Commission J� shall have the power to�designate arid- appoint rrom its members � various committees with powers and duties equivalent to and not inconsistent with the powers and duties of the Commission. The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs, for the purpose of carrying out the inten t of this ordinance, which are not inconsistent with the laws of the City of St.Paul and the State of Minnesota. The Commission shall appoint a local advisory com- mittee for any heritage preservation area or district established within the boundaries of the Historic Hill District as defined in Laws of Minnesota, 1974, Chapter 171 , Sec. 1 , or within the boundaries of. the Irvine Park Historic District as defined in Laws of Minnesota, 1974, Chapter 249 , Section 11 , and may appoint such a committee for any other heritage preservation area or district, to advise the Commission on neighborhood concerns regarding Commission actions in their area or district. The Commission shall make an ann��al report , containinc� a statement of its activities , to the Mayor, City Council , and City Planning Commission. The City of St. Paul shall provide the Commission with adequate staff to perform the duties prescribed under this ordinance. , _ �. • .; " . . . -3- �� '�--�073 /�/�f� (D) Local Advisory Committees. That at such time as the Heritage Preservation Commission shall create Advisory Committees for historic districts they shall be selected and governed by the following regulations: (1 ) Powers and Duties. In order to provide a sense of community �dentity and to preserve elements of the cultural , social , economic, religious, political , architectural and aesthetic heritage of the District, the Advisory Committee shall have the fol]owing powers and duties : (a) To make recommendations to the Heritage Preservation Commission concerning the boundaries of the proposed historic district. (b) Recommend to the Heritage Preservation Commission sites within the district for individual designation and assist in the preparation cf those nominations. (c) Draw up and help to administer a preservation program for the district as a whole. This preservatinn program might include a set of standards for compatibility of new construction, recommendations for a voluntary design review board which would offer advice to residents �-rho wish to restore their buildings, and any other recommen•- dations which they feel would increase public awareness and preserve the historic character of the district. (2) M�embershi Selection. The Advisory Com�nittee shall consist of seven 7 members appointed by the Mayor and approved by the City Council . The members of the Advisory Committee shall be residents , property owners or duly appoint�d institutional representat�ives of the respective his�:oric district. The Heritaae Preservation Commission shall solicit � nominations for membership from neighborhood associations , community groups , planning boards, and other organizations whose purposes include the goals of this Advisory Committee or whose expertise may assist the Advisory Committee. The Heritage Preservation Commission shall especially consider persons knowledgeable in the fields of history, architectural history, design , law, urban planning, and real estate valuations. The geographical distribution, within the district, of potential appointees will also be considered. The appointees must show an interest and ability to understand, appreciate, and promote the purposes of the Advisory Committee. �� ' � � � � -4- . . . � (3) Advisory Comnittee Terms of Office. The members of the Advisory Committee shall be appointed for three year terms, except that the initial Advisory Committee shall consist of three members appointed for a one (1 ) year term, two members appointed for two (2) year terms , t4�o members appointed for three (3) year terms . Upon the expiration of the terms of the initial one and two year members , successors filling their positions shall be appointed to serve three year terms . P�embers shall hold office until their successors have been appointed and qualified. No. member sha11 be appointed to se rve more than two (2) con- secutive terms. (4) Attendance at Meetings ; Removal . Members shall attend meetings regularly. In the event that any member fails to attend either three (3) consecutive meetings or twenty (20) percent of the meetings held in any calendar year, such member may be removed by a majority vote of the Heritage Preservation Commission. (5) Vacancy. The Chairperson of the Advisory Committee shall promptly notify the Heritage Preservation Commissior in writing of any vacancy caused by removal , resignation, death or other- wise. Vacancies shall be filled by appointment by the Mayor and approval of the City Council for the un�expired term of the member whose position was vacated. (.6) Service Without Compensation. Members shall serve without compensation. : . (7) 0rganization. The Advisory Committee when formed shall elect from its members such officers as it may deem advisable and necessary for the conduct of its affairs and for the purpose of carrving out the intent of this reso7ution . The Advisor,y CommittE�e shall meet at least quarterly at the ca11 of the .. C,iairper�son and a� such tir��e as ttre Advisc,ry Cummittee �niay - prescribe. (8) Records. Minutes of all meetings shall be kept and all records and meetings of the Advisory Committee shall be open to the public. Copies of all minutes shall be distributed to the members of the Heritage Preservation Commission. Section 4. Designation of Landmarks by the Heritage Preservation Commission. (A) Reports. The Mayor, upon request of the Heritage Preservation Commission, shall direct the Division of Planning in cooperation with the Division of Housing and Building Code Enforcement to prepare studies which would catalog buildings , land, areas, disti°icts, or other objects to be considered designatian as a Heritage Preservation Site. r ` � ' . . -5- � �`�`�� - . � /��0 (B) Criteria. The Corr�nission shall recommend to the City Council areas , buildings, objects , or districts , to be designated as Heritage Preservation Sites in the City of St. Paul , except for the Capitol Area as defined in Minnesota Statutes 15.50, Subdivision 2. In con- sidering the designation of any area, place, building, structure or � similar object in the City of St. Paul as a Heritage Preservation Site, the Commission shall apply the following criteria with respect to such designation: (1 ) Its character, interest or value as part of the development, heritage or cultural characteristics of the City of St. Paui , State of Minnesota, or the United States. (2) Its locat�on as a site of a significant historic event. (3) Its identification with a person or persons who significantly contributed to the culture and development of the City af St. Paul. (4) Its embodiment of distinguish�na characteristics of an architectural type of specimen . (5) Its identification as the 4:ork of an architect or master builder whose individual work has influenced the development of the City of St. Paul . (6) Its embodiment of elements of architectural design, detail , materials or craftsmanship which represent a significant architectural innovation . (7) Its unique location or singular physical characteristic represe��ting an established and familiar visual feature of a neighborhood, community or the City of St. Pau1 . (C) Planning Commission Review. The Heritage Preservation Commission shall advise the City Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries , and a program for the preservation of a Heritage Preservation Site, and secure from the City Planning Commission its recommendation with respect to the relationship of the proposed Heritage Preservation designation to the Comprehensive Plan of the City of St. Paul , its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendation as to any other planning con- sideration which may be relevant to the proposed designation, together with its recommendation of approval , rejection or modification of the proposed- designation. Said recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Heritage Preservation Commission along vrith its recommendation concerning the proposed designation to the City Council . The Heritage Preservation Commissicn may make such modificatians , changes , and alterations concerning the proposed desiynation as it deems necessary in consideration of the recommendations of the City Planning Commission. . _ .. . _. -- ---- - ... _ ... . ._ __ _ _ . _- --- _ .. __ _.. _ ..._. � ' � � , -6- (D) Communication with State Historical Societ . A copy of the Heritage Preservation Commission 's proposed designation of a Heritage Preser- vation Site, including boundaries , and a program for the preservation of a Heritage Preservation Site shall be sent to the State Historical Society in accordance with Minnesota Statutes 1974. Section 471 .193, Subdivision 5. (E) Hearings. Prior to the Heritage Preservation Commission recommending to the City Council any building, district, or object for designation as a Heritage Preservation Site, the Commission shall hold a public hearing and seek the recommendation of all concerned citizens. Pripr to such hearing the Heritage Preservation Commission shall cause to be published in a newspaper of gener<<1 circulation notice of said hearing at least twenty days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of property proposed to be designa a Heritage Preservation Site and to a17 property owners within� feet of the boundary of the area to be designated a Heritage Preservation Site. (F) Findings and Recommendations. The Heritage Preservation Commission shall determine if the proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in paragra�h B of this section , and if the Heritage Preservation Commission recommends to the City Council that the site be designated for heritage preservation, the Commission shall transmit to th_e City Council with its recommendation its proposed program for the preservation of the Heritage Preservation Site. (G) Council Designation, Hearin s . The City Council , upon the request of the Heritage Preservation Commission, may by ordinance designate a Heritage Preservation Site. Prior to such designation the City Council or one of its committees shall hold a public hearing, notice of which shall have been published in a newspaper of general c�.rculation at least twen�y days prior to the date of the hearing, and notice of the hearing shall be sent to all o�vners of property which is proposed to be design ed a Heritage Preservation Site and to all property owners with�n �feet of the boundary of the area to be designated a Heritage Preservation Site. (H) Eminent Domain. The Heritage Preservation Commission may recommend to the City Council , after reviear and comment by the City Planning Commission , that certain property eligible for designation as a Heritage Preservation Site be acquired by gift, by negotiation , or by eminent domain as provided for in Chapter 117 of Minnesota Statutes. . ... � . . - � .� ' ' �� a 7 ��D�.� -�- f`7� �`� Section 5. Additional Powers and Outies of the Corr�nission The Commission shall have the following powers and duties in addition to those otherwise specified in this chapter. (A) The Commission shall conduct a continuing survey of all areas , places buildings, structures of similar objects in the City of St. Paul which the Commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as Heritage Preservation Sites. (B) The Commission shall work for the continuing education of the citizens of the City of St. Paul ��rith respect to the historic and architect��ral heritage of the city. It shall keep current and public a register of designated Heritage Preservation Sites and areas. (C) The Commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties. (D) The Commission shall have authority to solicit gifts and contributions to be made to the city and to assist in the preparation of applications for grant funds to be made to the cit,y for the purpose of heritage preservation. (E) The Commission sl�all make no application to the Nationa7 Register or to the State of h1innesota for the designation of a Historic Site or Dis-�rict without the consent of the City Council . Section 6. Review of Permits (A) �pe of Bui 1 ding Acti vi ty. 1'he Heri tage Prese��vati on Commi ssi on shal 1 re��iew and approve or disapprove the issuance of city permits to do any of the following in a Heritage Preservation Site in the°City ot St. Paul : (1) Remodel or repair in any manner, not including painting, that will change the exterior appearance; (2) Construction; (3) Move a building; (4) Demolition; hov�ever, this does not apply to structures required to be demolished in accordance with Chapter 56 , Legislative Code of the City of St. Paul oi° Minnesota Statutes 1974, Chapter 463. � i . -8- - (6) City Activity. The Heritage Preservation Commission shall review and make recommendations concerning all other city activity to change the nature or appearance of a Heritage Preservation Site, and no permit shall issue or work commence until the Heritage Preservation Commission renders its recommendation thereon subject to the limitation specified in paragraph F of this section. (C) Criteria. All decisions of the Heritage Preservation Commission with respect to this section shall be in accordance with the approved program for the preservation of each Heritage Preservation Site. (D) Permit A lication and Plans. Every application for a building permit in re ation to property designated as a Heritage Preservation Site in the City of St. Paul :>hall be accompanied by detailed plans for the proposed work to be done. A copy of the application and plans sub- mitted therewith shall be irrmediately referred by the city building official to the Heritage Preservation Commission , and the Division of Housing and Building Code Enforcement shall not issue permits in regard to that application until receiving approval from the Neritage Preservation Commission, subject, hovrever, to paragraph F of this section . (E) Commission Review. The Heritage Preservation Commission, upon receipt of the application for permit and plans , shall determine if the work to be performed pursuant to the permit adversely affects the progr��m for the preservation and architectural contro7 of the heritage preser- vation site or district. The Commission may, by rule, delegate to a subcommittee of the Commission , ar �o the Planning Administrator, its power to review and approve any building permit application. If it is determined that the work to be performed pursuant to the permit application does not adversely affect the applicable program, the application shall be approved and the division of housing and building code enforcement notified in writing. If the application is not approved, the Heritage Preservation Commission sha11 condu�t a public t�earing for the pur•pose -c3f� deter�ninir+g-w-hether the w�rk to be perfurmed = adversely affects the applicable program. Notice of the public hearinc� shall have been published in a newspaper of general circulation and � sent to the permit applicant at least ten. days prior to the date of the hearing. The Heritage Preservation Commission shall review the permit and such plans as submitted therewith and, after receiving recommenda- tion from concerned citizens , shall render its decision thereon as a written order to the Division of Housing and Building Code Enforcement. No permit shall issue in regard to any application for a permit required under this section to be submitted to the Heritage Preservation Commission until the Division of Housing and Building Code Enforcement shall receive the order from the Heritage Preservation Commission, subject, however; to paragraph F of this section . The Commission shall furnish the permit applicant with a copy of the Commission' s written order and decision tooether with a copy of an,y recommendations for changes necessary to be made before the Commission wi11 reconside�° the applicant's permit application . • t ," � . . �F �Y(7 3 � � -9- f'�/c�l� (F) Limitations. If within 45 days from the filing of building permit app ication , the Commission has neither approved nor denied the building permit application, the plans and permit application shall be deemed to have been approved by the Commission, and if all other requirements of the city have been met, the Division shall authorize a permit for the proposed work. No permit shall issue or work commence in the event the Commission disapproves the application in accordance with this ordinance. (G) Emergency Repair. In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants , the Division of Housing and Building Code Enforcement may approve the repair without prior Heritage Preservation Commission action. In the case of a permit issued pursuant to this paragraph, the Division of Housing and Building Code Enforcement shall immediately notify the Heritage Preservation Commission of its action and �pecify th� facts or conditions constituting the emergency situation. (H) Appeal to City Council . The permit applicant or of any party aggrieved by the decision of the Heritage Preservation Commission shall , within ten (10) days of the date of the Heritage Preservation Commission's order and decision, have a right to appeal such order and decision to the City Council . The Appea7 shall be deemed perfected upon receipt by the City Clerk of two copies. of a Notice of Appeal and statement of the reasons setting forth the grounds for the Appeal . The City Clerk shall transmit one copy of the Notice of Appeal and statement to the City Council and one copy to the Heritage Preservation Commission. The Heritage Preservation Commission, in any tivritten order denyin g a pe rmit application, shall advise the applicant of his right to appeal to the City Council and include this paragraph in all such orders. (I) Factors to bE� Considered. Before approving vur permit application required under paragraph E of this section to be approved by the {�Eti•�taye Pres�rva�ion Cvmmission, the -Commissio:� shall mal:e findi�;gs - based on the program for the preservation and architectural control for the Heritage Preservation Site in regard to the following: (1 ) In the case of a proposed alteration or addition to an existing building that such alteration or addition will not adversely impair the architectural or historic value of the building, and shall make written findings consider- ing the existing structures and existing exterior appearance, building height, building width, depth, or other dimensions , roof style, type of building materials, ornamentation , paving, and setback. ,- +' • . � -10- (2) In the case of the proposed demolition of a building, prior to approval of said demolition, the Commission shall make written findings on the following: Architectural and historical merit of building, the effect on surrounding buildings , the effect of any new proposed construction on the remainder of the building (in case of partial demolition) , and on surrounding buildings, the economic value or usefulness of building as it now exists, or if altered or modified in comparison with the value or use- fulness of any proposed structures designated to t°ep7ace the present building or buildings . (3) In the case of a proposed new building, that such building will not in itself, or by reason of its location on the site, ad- versely impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the Historic Preservation Site. Section 7. Penalty for Violation . An owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Siie tivho violates the provision of this chapter shall be guilty of a misdem��anor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this chapter shall be guilty of a mis- demeanore For each day an owner or occupant of any area , place, building, structure, or other object within a duly designated Heritage Preservation Site allows any work to be performed on any are�� , place, building, structure or other object in violation of Section 6 hereir! , it shall constitute a separate violation of this chapter, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction , or a building moved in violation ot' th�s chapter, is hereby declared a nu�sarce, ard the impositi�n of the. penalt.i�s herein pr�scr�bed _ shall �not prevent the City of St. Paul from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. Section 8. Repository for pocuments. (A) City Clerk. The Office of the City Clerk is designated as the repository for at least one copy of all studies , reparts, recommendations and programs required under Section 5 and 6 of this ordinance. (B) Heritage Preservation Commission. The Heritage Preservation Commission is designated as the repository for the following documents , ►vhich sha11 be available to the public for inspection during normal business hours: At least one copy of plans requir°ed �nder Section 6 of this ordinance. 2 � ' � J � � . . �� /f7� � ' /��y� -11- Section 9. Recording of Heritage Preservation Sites . The Office of the City Clerk shall record with the Ramsey County Register of Deeds or the Ramsey County Registrar of Titles the legal description of all buildings, lands or areas designated as a Heritage Preservation Site by the St. Paul City Council , and shall transmit a copy of said legal descrip- tions to the Division of Housing and Building Code Enforcement. Section 10. Coding This ordinance shall be deemed a part of the St. Paul Legislative Code and shall be incorporated therein and given ar appropriate chapter and/or section number at the time of the next revision of said Legislative Code. Section 11 . Severability. In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affected, and other sec�.io►is of this ordinance shall continue in full force and effect. Section 12. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. .-. �} �� !�C�� . ` . ` � (t F ��f - (0 73 �� ' . � CIT�'" �F SAINT PAUL / 7/�� ;�,,,�� , OI+`FIC� OP` THI� CITY COIINCIL 1]Y��YY�3Y11! L.�!�_:;,�'= , � ` � � D a t e ; June 15 1984 � 4 ) ...,��'�! . 5: , COMM (TT � E RE PORT TOi Sqint Paul Cifiy Council F � � M � C o m m i r t e e O Cl CITY DEVELOPMENT AND TRANSPORTATION C H A I R Councilman Bob Fletcher Ordinance amending Chapter 73 of the Saint Paul Legislative Code pertaining to Heritage Preser�vation. At its meeting of June 13a 1984, the City Development Coirnnittee . recomnended approval of the above ordinance. . __ ._ _ � _. CITYNA►T OCl/CAITVr.� i..�., - ------ _--- - ----- ------ - - ' . l ` RECE��'� ` ' ' .� ��s ` �L !�`-� � »:r> / � WMITE - CITY CLERK MAY 2 41�4 � � � PINK - FINANCE GITY OF SAINT PAUL Council %H�/[� CANAFY - DEPARTMENT File NO. �� •.�/ 9LUE -MAVOR COUNCIUWAN RU�ERT FLti�CHEF2 17/(��O . - - - 0 Z n e Ordinance N 0. Presented By ' � � Referred ��l �v� �'O'"�. Commi ttee: Date 'Z' Out of Committee Date An Ordinance amending Chapter 73 of the Saint � , Paul Legislative Code pertaining to Heritage Preservation. . THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That Section 73.05, subsections 5 and 7, of the Saint Paul Legislative Code pertaining to Heritage Preservation are hereby amended to read as follows: (5) Hearings. Prior to the heritage preservation commission recommending to the city council any building, district, or object for designation as a heritage preservation site, the commission shall hold a public hearing and seek the recommendation of all concerned citizens. Prior to such hearing the heritage preservation commission shall cause to be published in a newspaper of general circulation notice of said hearing at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of property proposed to be designated a heritage preservation site and to all property owners within �5A 100 feet of the boundary of� the area to be designated a heritage preservation site, (7) Council designation, hea.rings. The city council , upon the request of the heritage preservation commission, may by ordinance designate a heritage preservation site. Prior to such designation the city council or one of its com- mittees shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least 20 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of COU[VCILMEN Requested by De artment of: Yeas Nays ,�'� Fletcner � __ Drew In Favor Masanz N�cosia Against BY �� ---- Scheibel Tedesco Wilson Form Ap ed y Attorney Adopted by Council: Date Cert�f�ed Passed by Council Secretary BY -- --- — �, --- — --- ---- ��_�„�a �„ �,,,,,,., r,,�o A ro e y Mayor for S �ni s ouncil '_ r � • ` y � WMITE - �IT� CIERK PINK � FINANCE CITY OF SAINT PAUL �ouncil /►��/ CANARY - DEPARTMENT File NO. �+ • �� SLUE -MAVOR . Ordin�nce Ordinance NO. i�� - Presented By Referred To Committee: Date Out of Committee By Date property which is proposed to be designated a heritage preservation site and to all property owners within 35A 100 feet of the boundary of the area to be desig- _ nated a heritage preservation site. Section 2. This ordinance shall take effect and be in force thirty days from and � after its passage, approval and publication. 2. COUNCILMEN Yeas Nays Requested b D�tment of: Fletcher pfe,,,, In Favor Masanz N(C05I8 B r scnsibe� A gai n st Y --- Tsdesco Wilson Adopted by Council: Date Form Approved ity Attorn Certified Passed by Council Secretary BY -- --- �Y � Anr�rnvori hv M��nr• IlafP App� by ayor for S is�o Council � � � � � I. Y', _ - a� � � ls c �-' � 2 nd `�7`�� /� / � � / 3rd "`/ /�/� T Adopted �j ��' Yeas Nays �� DREW a; !� � �� -�, 7� �� ,: , ,��. FLETCHER °a �' c �%�� .�` r�sarrz f. ��::�v NICOS IA -�-��"�'��'•�-- SCHEIBEL WILSON MR. PRESIDENT TEDESCO __ . . _. ... _ . ...__:�_ . _ �,...,,_. ____.. . .. _. .. ._ _.._. . j _ ___ �-�_ ��-�� ,� � � � a:�`� -_ :4t�� ;��`��:_ _ ,•