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Memorializing City Council action taken on March 6, 2013 granting an appeal and approving the 6th Street Sidewalk Project in the Lowertown Heritage Preservation District.
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WHEREAS, on or about January 8, 2013, the City's Department of Public Works (the "PW") made application to the Heritage Preservation Commission (the "HPC"), in HPC File No. 13-012, to reconstruct and widen the existing public sidewalk located on the north side of Sixth Street between Sibley and Wacouta (the "Project"); and
WHEREAS, because the Project would take place within the City's Lowertown Historic District (the "District") and alter the width of the present sidewalk, the HPC, under Leg. Code § 73.06(b), is required to review "all city activity to change the nature or appearance of a heritage preservation site and no permit shall issue or work commence until the [HPC] renders its recommendation thereon . . . .;" and
WHEREAS, as described in PW's application, the Project would replace an existing 10-foot wide public sidewalk with an 18-foot wide sidewalk including a 5-foot wide continuous "paver band" along the sidewalk's edge, abandon "as needed" certain "area-ways" under the sidewalk, relocate sewer and other utilities, install four trees, relocate existing globe-style street lamps, complete traffic signal revisions, revise striping and signage to "transition and shift traffic lanes" and remove twenty-two parking meters; and
WHEREAS, on January 24, 2013, the HPC, having provided notice to affected property owners, duly conducted a public hearing on the Project where all interested parties were given an opportunity to be heard; and
WHEREAS, at the close of the public hearing and based upon all the testimony and records including an HPC Staff Report dated January 18, 2013 in which Staff recommended denial of the 18-foot wide sidewalk based upon certain Findings that the Project, as proposed by PW, was adverse to or otherwise generally inconsistent with the adopted Lowertown Heritage Preservation District Design Review Guidelines, the HPC duly moved to deny PW's application for the reasons set forth in the Staff Report's Findings which, along with the entire Report, shall be incorporated herein by reference; and
WHEREAS, in a Letter of Denial dated January 25, 2013, the HPC's decision to deny the said application was duly conveyed to PW; and
WHEREAS, on or about February 5, 2013 and pursuant to Leg Code §73.06(h), PW duly filed an appeal from the HPC's decision to deny the said application listing six (6) separate counts alleging error on the part of the HPC in making its decision and requesting a public hearing before the City Council for the purpose of considering the HPC's decision; and
WHEREAS, on March 6, 2013, the City Council duly conducted a public hearing on PW's appeal where all interested parties were given an opportunity to be heard; and
WHEREAS, upon the close of the hearing and based upon the Council's deliberation over all the testimony including the application, the report of staff, and all the records in this matter, the Council does; hereby
RESOLVE, that the HPC's decision to deny PW's application, based upon the reasons set forth in the January 18, 2013 HPC Staff Report and duly adopted by the HPC are in error as follows:
Finding No. 3: The Council finds that PW's proposal to remove one traffic lane along the north side of Sixth Street does not alter the District's "historic street grid" and, therefore, does not adversely impact the District's historic streetscape;
Finding No. 4: The Council finds that PW's proposal to increase the width of the sidewalk on the north side of Sixth Street between Sibley and Wacouta and to change the materials used in its construction will not adversely impact the streetscape character within the District nor will it otherwise negatively impact the District's "grid iron" sidewalk pattern; and
Finding No. 7: The Council finally finds that PW's proposal to install a concrete
"paver band" in the new sidewalk constructed on the north side of Sixth Street between Sibley and Wacouta, will not take away from the District's historic character.
AND, BE IT FURTHER RESOLVED, for the reasons set forth above, that PW's appeal from the HPC's January 14, 2013 decision, is hereby granted subject to the condition that all the designated parking spots including handicapped spots presently located on the south side of Sixth Street between Sibley and Wacouta must be retained following construction of the Project; and
BE IT FINALLY RESOLVED, that the Council secretary shall immediately mail a copy of this resolution to the Department of Public Works, the Heritage Preservation Commission, the Zoning Administrator, Planning Administrator and the Building Official.