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Statement of Purpose.  The document explains the legal consequences of historic landmark designation, explains the difference between a historic landmark and a historic district, sets forth the process the Commission has followed in processing properties for historic landmark designation, and explains the factors that persuaded the Commission to accept the claims for special significance for the City House.

 

Legal Consequences Of Historic Landmark Designation (property must have special significance).

 

1.  The property owner may apply for an automatic deferral of the property taxes due for that portion of the property which has been designated as a historic landmark.  If the property should lose its historic landmark designation, the owner must pay full back property taxes for three years with a penalty.

2.  Owner must secure a Certificate of Appropriateness from the Historic Landmarks Commission before obtaining a building permit or demolition permit.

3.  The Historic Landmarks Commission can delay the demolition of a historic landmark for up to 365 days.

4.  The local governing board may use the power of eminent domain to acquire a historic landmark scheduled for demolition.  The historic landmark could then be sold with legal instruments in place to assure its preservation.

5.  The Historic Landmarks Commission may acquire the fee simple or any lesser included interest in a historic landmark.  The historic landmark can be sold with legal instruments in place to assure its preservation.

 

Differences Between Historic Landmarks And Historic Districts.

 

1.  Properties in historic districts do not have to be individually significant.

2.  Interiors of structures in historic districts are not covered by design review. 

3.  Interiors of historic landmarks can be covered by design review if the owner consents.

4.  There is no provision for the use of the power of eminent domain to acquire structures in historic districts. 

5.  There is no provision for property tax deferral for properties in historic districts.

 

Process For Evaluating Potential Historic Landmarks.

 

1.  Historic Landmarks Commission places prospective historic landmarks on its Study List, meaning that the property warrants further study.

2.  A Survey and Research Report advancing the claim for special significance for the prospective historic landmark is prepared and submitted to the Commission’s Survey Committee.

3.  The Survey Committee reviews the Survey and Research Report and formulates a recommendation to the Historic Landmarks Commission as to whether the property should be recommended for historic landmark designation.

4.  The Historic Landmarks Commission decided whether to approve, disapprove, or amend the Survey Committee’s recommendation.

5.  The Survey and Research Report is submitted to the North Carolina Division of Archives and History for comment.

6.  If the letter from the Division of Archives and History asks for clarifications or corrections in the Survey and Research Report, changes are made when deemed appropriate by staff and the report is resubmitted to the Historic Landmarks Commission.

7.  The Historic Landmarks Commission determines whether it wishes to schedule a joint public hearing with the local governing board that has zoning jurisdiction over the prospective landmark.

 

The City House

 

The Charlotte-Mecklenburg Historic Landmarks Commission was contacted by the owner of the City House, located at 500 East Kingston Avenue, concerning the possible landmark designation of the property.  Staff visited the property and determined that the house was potentially eligible.  The owner applied to be put on the Commission’s Study List, and the Commission voted to do so on March 10, 2003.  The property owner then hired Ryan Sumner, a historic consultant who had produced reports for the Commission in the past, to produce a Survey and Research Report.   Mr. Sumner submitted a report to the Commission in 2005.  Staff recommended that several changes be made to the report, and Mr. Sumner submitted a revised copy of the report to the Commission’s Survey Committee on January 26, 2006.  The Committee recommended that the Commission process the property for designation and the Commission voted to do so on February 13, 2006.  To comply with the State’s general statutes, the Commission sent a copy of the Survey and Research Report to the State Historic Preservation Office in Raleigh for their comments.

Claudia Brown of the State Historic Preservation Office, in a letter dated May 15, 2006, commented that the Survey and Research Report for the property contained some deficiencies and “irrelevant and confusing information” and that the report did not show that the property had the requisite special significance for local landmark designation.  The Charlotte-Mecklenburg Historic Landmarks Commission immediately delayed processing the property until a revised Survey and Research Report could be produced.  Significant revisions were made to the report by Ann Boggs, a consultant for the Commission.   Ms. Boggs used the State’s comment letter as a guide to revise the report.

In her letter Ms. Brown wrote that the original report contained irrelevant information concerning a previous owner of the land, a Mr. John Brown.  Ms. Boggs reduced the reference to this person to just a single sentence.

Ms. Brown questioned the speculative attribution of local architect James McMichael as the possible architect of the Duplex.  In response Ms. Boggs removed this argument from the report.

Ms. Brown suggested that a “discussion of other early duplexes in Dilworth and elsewhere in the city” would be helpful.  In response, Ms. Boggs carefully studied historic fire insurance company maps to determine the extent of surviving duplexes in Dilworth and concluded that “The City House was constructed in 1909, and is one of the oldest suburban residence in Charlotte which was initially designed as a duplex and is the oldest recognizable suburban example of this architectural form.”

Ms. Brown’s final stated concern was that the architectural report was inaccurate in its identification of the building’s style.  In Mr. Sumner’s defense, his categorization of the house as “Italianate” was based on an earlier National Register nomination that was approved by the State Historic Preservation Office.  Nevertheless, Ms. Boggs incorporated Ms. Brown’s categorization of the house as a “late Queen Anne-early Colonial Revival design” into her revised version of the report.

In addition to the previously noted statement of significance, the Commission determined that the revised report also adequately demonstrates that: the City House represents a new building type that was associated in the early twentieth century with the growing urban character of the city, and that the City House occupies a prominent position in the landscape of Dilworth, Charlotte's first streetcar suburb.  In addition to these findings the revised report also demonstrates that the property has the requisite integrity in terms of interior and exterior architectural elements to convey the historical character of the Duplex.  The dual front doors, as well as a well-defined entrance hall on the west side of the house that leads directly to an upstairs that closely mirrors the layout of the lower unit, clearly identify the building’s original use as a duplex.  For these reasons the Commission voted on September 11, 2006 to move ahead with recommending that the Charlotte City Council designate the property as a local historic landmark.