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Friday, August 17, 2012

Ind. Gov't. - Louisville "Preservationists weigh challenge to landmarks ordinance"

The ILB has had four entries, beginning in Sept. 2011, about a New Albany dispute where the owner of a property in a historic district installing vinyl siding without a certificate of appropriateness. The owner claimed he had no knowledge his property was in a historic district but the New Albany Historic Preservation Commission decided he had to remove the vinyl siding. He appealed and prevailed in trial court, but the ruling was reversed, 2-1, in the Court of Appeals.

In the Sept. 4, 2011 entry I noted that:

A bill in the 2010 General Assembly, SEA 177, would have outlined an appeal procedure from the Indianapolis historic preservation commission. The bill, authored by Sen. Pat Miller, was not passed, but resulted in a legislative study.

Worth reading is this long and detailed article in Indianapolis Urban Times on subsequent actions.

Apparently Louisville is facing the same concerns, according to this long August 13, 2012 story by Sheldon S. Shafer of the Louisville Courier Journal, headed "Preservationists weigh challenge to landmarks ordinance." It begins:
Preservationists say they are giving serious consideration to challenging a new ordinance that they see as unraveling landmarks provisions that have proved their worth for four decades.

“It’s just a matter of how and when we do it,” Steve Porter, an attorney who in the past has represented at least four local preservation-minded organizations, said Monday about contesting the Louisville Metro Council’s changes to how properties are declared landmarks and protected.

The council voted 18-7 Thursday night to override Mayor Greg Fischer’s veto of the landmarks ordinance that the council initially passed in July. The council needed all 18 votes, or two-thirds of the 26-member body, to override the second veto of Fischer’s 19-month administration.

Since the early 1970s, the Louisville Landmarks Commission, comprised of citizen and professional volunteers, had the final say on designating local properties as landmarks, possessing historic or architectural significance. The designation gives the sites protections, including making it difficult to raze the structures, or even to alter their exteriors.

The newly enacted provisions give the council the ability to review, and overturn, a commission landmark designation. Another change requires that at least 101 of 200 petitioners live or own property near the site; 200 signatures are required to force landmark consideration.

Posted by Marcia Oddi on August 17, 2012 10:08 AM
Posted to Indiana Government