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Charlotte-Mecklenburg Historic Landmarks Commission

DESIGN REVIEW COMMITTEE MEETING

November 28, 2007

Location: 2100 Randolph Road, Charlotte, NC

Time: 8:00 a.m. - 9:00 a.m.

Present:

Matt Benson, Committee Chairman

Richard Mattson, Committee Vice-Chairman

Richard Alsop, III

Louis Asbury, IV

Victor Jones

Len Norman, HLC Chairman

Dan Morrill, HLC Consulting Director

Stewart Gray, HLC Preservation Planner

Mary Lynn Morrill, HLC Recording Consultant

Absent:

John Shurley

Visitors:

Lisa Anderson, 402 W. Trade St.

John Fryday, 402 W. Trade St.

Mujeeb Sha Khan, Assistant City Attorney

AGENDA

1. Committee Chairman’s Report: Mr. Benson

Mr. Benson welcomed everyone to the meeting

2. Director’s Report: Dr. Morrill

Dr. Morrill spoke about the agenda for today. He said that the Assistant City Attorney will speak on the issue of demolition of historic properties by neglect. Dr. Morrill said that the Historic Landmarks Commission acts for all municipalities within Mecklenburg County (Charlotte, Matthews, Mint Hill, Davidson, Huntersville, Pineville) except Cornelius.

3. Application for a Certificate of Appropriateness: Mr. Gray

A. The Century Building 412 W. Trade Street, Charlotte, N. C.

Mr. Gray explained that the applicant is a potential future tenant and is requesting a conceptual approval of a proposed addition of a new doorway into an existing storefront. The new door would be glass and aluminum and all mullions would be anodized bronze to match the existing The curb would be cut to allow for an accessible door. The owner of the building believes that the structure historically had more than one store-front entrance in addition to the existing original entrance. Proposed plans were presented and discussed.

DR. MATTSON PRESENTED A MOTION SECONDED BY MR. ALSOP TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT THE PROPOSED PLANS FOR A NEW STOREFRONT ENTRANCE AND DOORWAY FOR THE CENTURY BUILDING, 412 WEST TRADE STREET, CHARLOTTE, N. C., BE CONCEPTUALLY APPROVED WITH THE UNDERSTANDING THAT THE APPLICANT WILL CONTINUE TO SEEK A HISTORIC PHOTOGRAPH SHOWING THE ORIGINAL STYLE AND DIMENSIONS. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION.

4. Explanation of powers to prevent demolition by neglect: Mujeeb Sha Khan, Assistant City Attorney

Mr. Sha Khan told the Committee that if the HLC wishes to get a local ordinance passed by City Council regarding demolition of historic properties by neglect it will have to coordinate this initiative with the Historic District Commission and the Planning Commission. He said that under State Statute 400.11 the HLC is allowed to file suit against a property owner for demolition through neglect and to seek an injunction to prevent further demolition by neglect. He said that safety of the public is always a primary consideration. The HLC can currently delay demolition up to 365 day with a certificate of appropriateness for demolition, but the HLC does not have the power to permanently delay demolition for any longer than that and must issue the requested certificate. Building codes address "run down" properties, especially when public safety is a factor. City Council does have the power to prevent demolition through the eminent domain law. To date, no local historic property has been saved by this means. The Committee agreed a good recourse to save endangered property is through the use of the HLC’s revolving fund. When the HLC has ownership of historic properties, deed restrictions are put in place at the time of the sale which protect the property in perpetuity. Dr. Morrill said that he will investigate what other municipalities are doing with respect to ordinances regarding demolition by neglect. The Committee agreed that no action on the matter should be pursued until all options are fully considered. The Committee expressed many thanks to Mr. Sha Khan for his interest and for explaining the law in detail and the HLC’s options.

5. Old Business

Mr. Gray said that a temporary handicapped ramp has been installed at the front of 2100 Randolph Road. He said that architectural assistance will be needed for installation of a permanent ramp, possibly at the rear of the building. The Committee agreed that the matter can be considered at a later date.

6. New Business

There was no further business. The meeting adjourned at 9:00 a.m. The next meeting is scheduled for December 19, 2007, at 8:00 a.m.