Progress & Preservation...Together
Questions and Answers 9-8-99
Mar 17, 2000
How long does it take to get historic review once started?
If it's design review of an individual structure about which you're asking, it usually takes only two weeks.
The entire process for neighborhood Historic District designation usually takes at least a year or two. Once a neighborhood application is submitted to the Landmark Preservation Commission (LPC), the process usually takes three to four months. Here's how the process works?…
A survey of the neighborhood is done to determine historic structures. A recommendation for the area to be designated is made from the survey.
Application for Historic Designation is filed with the LPC.
LPC reviews application and either accepts the application or denies it.
LPC conducts a public hearing to gather public input. At this stage, the LPC may deny or accept the application.
If the LPC rules favorably on the application, then the application goes to City Council. It is reviewed first in the Land Use Committee. Then there is a first reading. Then a second reading. City Council conducts a public hearing and, based on public input, either denies or approves the application. If approved, City Council passes an ordinance declaring Historic Designation.
Once established, can the document stating significance be changed? If so, by what process?
Once granted, can historic designation ever be reversed?
Yes, Historic Designation can be changed or reversed by going through the same process it took to obtain historic designation. Please see the process above.
If all houses in historic districts have to go through "the process" this could create a huge workload for the Landmarks Commission. How do you think this would affect the overall timeframe for approval?
Most design review only goes through Administrative Review, which has a two-week turnaround. Large projects may need to go before the LPC, which schedules a hearing two weeks after you submit your request. There is no backlog of cases for the LPC. The BOA backlog, however, is 3 1/2 months.
The Landmark Committee is an undisclosed, undocumented covenance. The suburbs' are at least written, aren't they?
The Landmark Preservation Commission follows specific written guidelines that were passed by City Council and are more flexible than suburban covenants. These are documented along with pictures of how-to's and how-not-to's in "Design Guidelines for Landmark Structures and Districts." We have obtained a copy and placed it on reserve at our local branch library. Take a look. It is in the reference section at the Eugene Field Library at 810 South University Boulevard.
Does that Landmark Preservation Commission believe that good taste can be legislated?
Historic Designation is not so much an issue of taste, but rather an issue of compatibility with and sensitivity to other neighboring homes. The Landmark Preservation Commission (LPC) follows written, established guidelines passed-by-City Council in order to set standards for historic neighborhoods. Please refer to the above to learn where you can obtain these written standards.
Why are people so afraid to have a board of design professionals review their development plan and designs?
Speculators may fear a decrease in profit if they cannot maximize the square-footage on the lot. Some may see design review as infringing on their individual rights. Design review is not attempting to take away individual rights. Design review is interested in protecting the rights of all neighborhood residents to live in an attractive environment that will not be over developed or insensitively altered. In contacting neighbors in historic districts throughout the city, they have felt the design review process is generally a positive experience that assists the homeowner in making cost efficient decisions for remodeling. Design review guidelines by law, "cannot deprive a property owner of all reasonable economic return on the use of property." Design review does protect against inappropriate use of land that can impact the value of the neighborhood as a whole.
Does the neighborhood association determine the historic qualifiers? Or is it individuals who determine this?
No, historic qualifiers are determined by the Denver Landmark Preservation Commission (LPC). The LPC, established by City ordinance in 1967, is a board of nine Denver professionals recommended by professional organizations and appointed by the Mayor. Two of these are nominees from the Denver chapter of the Institute of Architects, two are from the State Historical Society, two are from the City of Denver's Planning Board, one from the Colorado chapter of the American Society of Landscape Architects, and two are direct Mayoral appointees.
I own several properties that I plan to develop. Can I opt out of the historic designation for these properties I currently own?
The LPC decides if given areas or properties can be removed from the district. They are generally not in favor of carving a district in patchwork fashion.
How will you determine whether the community supports your initiative to go forward with historic designation?
Would the vote to assess interest be to the homeowner or current tenant "renter"?
What % of the neighborhood needs to be in favor of Historic Preservation?
The city ordinance allows for public input throughout the process of Historic Designation, but does not require a vote per se. The LPC decides if the area is worthy of designation or not based on the merit of the application. If so, the LPC holds a public hearing, and determines if the application should be moved on to City Council. City Council then determines if this is positive for the city, as a whole, and the specific neighborhood. City Council holds a public hearing and then determines if an ordinance should be passed to make the area an Historic District. As for renters, their input is welcome throughout the process.
Once the process (Historic Designation) has begun, what does it take to get it stopped?
The process can be stopped in a number of places. The application can be rejected at the LPC review stage if the commission determines that there is nothing worthy of historic designation. The application can be denied at the LPC public hearing, as well. Finally, it can be denied at the City Council public hearing.
At what point can I see what renovations, etc. would pass and which would be rejected?
You can look at these today. The Denver Landmark Preservation Commission and the Community Planning and Development Agency of the City of Denver have created a very helpful, 50-page booklet entitled "Design Guidelines for Landmark Structures and Districts." The booklet, which can be found at the Eugene Field Library at the reference desk, is filled with photos of do's and don'ts, along with details about renovations and additions that maintain the integrity of the neighborhood. It even talks about doors and entrances, windows, masonry and roof types.
Are we assured that the LPC will always be made up of professionals with backgrounds in architecture and historical architecture?
Yes, the City's Charter assures that the LPC will remain a body of professionals.
Does historic designation mean it creates an elitist neighborhood?
No, there are presently 35 well-integrated, economically-mixed neighborhoods that are designated.
Are you aware that no application for historic designation has ever been turned down?
No. In fact, this is not accurate. According to Su Keister of the City of Denver Community Planning and Development Agency (303) 640-4776, there is an entire file drawer in her office filled with denials.
Who decides what the significant architectural factors are?
Based on historical research which includes reconnaissance surveys, Sanborn Insurance maps, records from the County Tax Assessor's Office, title searches for past owners, directories and atlases, the LPC ultimately makes this decision.
Would the Board of Adjustment or the Landmark Preservation Board be more likely to grant changes if the scrape-off and the new structure were put back in true bungalow fashion architecture, even if it pierces the bulk plane?
This is a complicated question because you are dealing with two separate boards (One being the BOA and the other being the Landmark Preservation Commission (LPC). You are also dealing with two separate issues: the issue of piercing the bulk plane, which is based on proof of hardship. The BOA has a history of granting these types of variances. The second issue, restoring the home back into "true bungalow fashion", would be determined by the LPC. They, too, are on record for granting this type of request.
Zoning is not enforced. How will historic designation be monitored?
The LPC monitors historic districts by reviewing and approving or denying all exterior changes, which presently require a building permit. These changes need to be sensitive to and compatible with other homes in the historic district.
How about going to Paula Woodward or getting the news media to expose the BOA problem? It must affect a large number of people who would be interested in making some changes with regard to the appointees or their procedures.
Over the past two years, the news media have covered this issue extensively, but so far the Mayor has made no changes. The Denver Post (March 17, 1999), The Rocky Mountain News (March 21, 1999), The Washington Park Profile (March, 1999, May 1998 and June 1998), and Westword (July, 1998) are just a few of the media outlets covering this story. Also, as this issue does affect many citizens, the InterNeighborhood Cooperation (INC) has been working on this for several years with minimal success. The only way to change those appointed to the BOA is through a City Charter Amendment. This would require 51,000 signatures from Denver voters or a recommendation by City Council to get the issue on the ballot for a vote by all Denver residents.
Why does the BOA grant 80%+ (of variances)? Does the Mayor consider this a problem?
The Planning Staff attending this meeting expressed their concern and saw it as a problem.
A number of individual neighborhood activists have tried to make changes in the BOA process. Gerard Zschoche, the Zoning Chair for the Wash Park East Neighborhood Association, Terry Andrews, the INC representative for WPE Neighborhood Association, the INC itself, neighbors harmed by BOA decisions, as well as Jennifer Moulton, Director of City Planning and Councilperson Susan Casey have all made attempts to change this system. In fact, in the spring of 1998, Francois Gude, an EWP neighbor circulated a neighborhood petition and obtained approximately 150 signatures. But this effort was stopped when nobody in city government would accept the petition.
There was also an effort by WPE neighbors in 1998 to change the composition of the members of the BOA. At a neighborhood association meeting they voted on and put forth a recommendation to the Mayor which was not accepted. Now, in 1999, we are once again doing the same thing. However, this time we have joined with several other neighborhoods: Cory-Merrill, University Park, Bonnie Brae and WPE. Councilperson Susan Casey, who has committed to taking this recommendation to the Mayor, supports this effort. We are also working through INC to gain citywide registered neighborhood association support for this effort.
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