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A. The Planning Commission, or City Council on appeal, shall have the authority to conduct a review prior to the demolition or significant alteration of designated landmarks and sites of historic interest. Said review shall be initiated by an application filed by the property owner setting forth the proposed alterations or demolition, and the rationale for same.

B. The Planning Commission, or City Council on appeal, shall approve any proposed alteration or demolition, in whole or part, if it makes a determination in accordance with one or more of the following criteria:

1. In the case of any proposed alteration, restoration, removal or relocation, in whole or part, of or to a landmark or site of historic interest, the proposed work would not detrimentally change, destroy or substantially adversely affect any exterior feature of the landmark or site of historic interest upon which such work is to be done.

2. In the case of a proposed demolition, the applicant has demonstrated that the affected structure is not considered unique or irreplaceable and its removal will not impair the visual, architectural, or historical value of the local setting, and/or the demolition is made necessary by unsafe conditions.

3. A determination is made, based on substantial evidence, that denial of the application would result in a significant economic hardship. An application which requests a determination of economic hardship shall provide such information as the Planning Department and Planning Commission determines sufficient, such as:

a. An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of the cost that would be incurred to comply with the provisions of this chapter;

b. A report from a licensed structural engineer or architect with experience in rehabilitation as to the structural soundness of any existing structures on the property and their suitability for rehabilitation;

c. The estimated value of the property in its current condition; and after completion of the proposed construction, alteration, demolition or removal;

d. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation of the existing structure(s) on the property;

e. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer;

f. If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

g. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

h. All appraisals obtained within the previous two years by the owner or applicant in connection with any actual or contemplated purchase, financing or sale of the property;

i. Any listing of the property for sale or rent, including the rent or price asked and offers received, if any, within the previous two years;

j. Assessed value of the property according to the most recent assessment;

k. The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, listed partnership, joint venture or other;

l. Any other information considered necessary to make a determination as to whether the property does yield or may yield a reasonable return to the owners. (Ord. 1111, 2018)