pages: HistoricalAdvisoryBoard/2005-10-06.pdf, 5
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HistoricalAdvisoryBoard | 2005-10-06 | 5 | demolition that was first assessed at less than 30% of value may unintentionally grow into a larger demolition without knowledge that additional approvals are required. There are also areas of concern in the Penalties section of the Ordinance. In the recent months there have been several unauthorized demolitions that have come before this Board. Currently the Ordinance only provides one remedy for each type of unauthorized demolitions. For example, pre-1942 unauthorized demolitions are only a violation of the Alameda Municipal Code, which would result in the issuance of an administrative citation or fine. This inflexibility regarding penalties provides no administrative relief nor does it allow for extenuating circumstances regarding individual situations. In some cases, the penalty may be too harsh and in other cases it may not be enough. Other areas of concern are the section on Historic signs and the penalty, or lack there of, for unauthorized removal of protected Oak trees. Staff is requesting the Board review the options provided by in the staff report and submit their comments and recommendations. Staff will then create a revised ordinance and seek HAB recommendations to the City Council for approval around the first of the year. Chair Anderson opened the public hearing. Birgitt Evans, AAPS, spoke in favor of revising the Ordinance. She stated the current Ordinance limits the Board's ability to impose conditions of approval on Certificates of Approval. Also the penalties are too limited. She agrees with Board Member Miller statement at the previous hearing regarding 616 Pacific Ave. "Why do we have a moratorium, if it is not imposed." She agrees with AAPS's recommendations regarding different penalty options Nancy Hird, AAPS, is concerned with the 5 year stay of building permits. What would happen if the property changes ownership within those five years? Dick Rutter, AAPS, stated his concerns that once dry rot is discovered, the initial scope of work can change. Staff should provide better documentation to contractors and home owners regarding what should be done on pre-1942 houses that are on the border line of demolishing more that 30%. The current definition of 30% of value does not work. Ms. Eliason informed the Board that all pre-1942 submittals are now being stamped in big red letters informing the applicant of the Certificate of Approval process and the 30% demolition rule. There were no more speaker slips. Chair Anderson closed the public hearing and opened the floor to Board discussion Board Member Lynch agrees that there should be more options for imposing penalties. Minutes of October 6, 2005 Regular Historical Advisory Board Meeting 5 | HistoricalAdvisoryBoard/2005-10-06.pdf |