RESOLUTION NO. ____________, SERIES 2018
TITLE
A RESOLUTION OVERTURNING THE DECISION OF THE LANDMARKS COMMISSION DESIGNATING THE PROPERTY LOCATED AT 3700 DUTCHMANS LANE IN LOUISVILLE METRO AS A LOCAL LANDMARK (CASE NO. 17DESGNATION1002) (AMENDMENT BY SUBSTITUTION).
BODY
SPONSORED BY: COUNCILWOMAN BARBARA SEXTON SMITH
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) has considered the evidence presented at a public hearing held by the Landmarks Commission (the “Commission”) on March 22, 2018 and the record reviewed at the public meeting held by the Council’s Planning, Zoning and Annexation Committee on July 17, 2018; and
WHEREAS, the Commission found that the petition did partially meet four of the nine criteria (LMCO 32.260(E)(1)(a), (b), (e), and (f)), and also found that the petition did not meet five of the nine criteria (LMCO 32.260(E)(1)(c), (d), (g), (h), and (i)); and
WHEREAS, this designation petition was approved over the objection of the property owner in an internal dispute within the Anshei Sfard Congregation; and
WHEREAS, pursuant to LMCO § 32.260(G), the Council disagrees with the decision of the Commission dated March 22, 2018 designating 3700 Dutchmans Lane as a local landmark and makes the following findings of fact:
(1) Anshei Sfard, like all religious congregations, is highly valued in our community and certainly is a part of the community’s collective heritage. However, as the Commission itself found with respect to LMCO 32.260(E)(1)(a), these particular property/structures “[do] not appear to be individually distinctive for the development of the City, Commonwealth, or the United States.”
(2) As the Commission has found with respect to LMCO 32.260(E)(1)(b), “[d]ue to changes in the surrounding context over time . . . the associations with setting, feeling, and association have diminished.” Mid-Century architecture is ubiquitous in this community. The front yard setback of the structures, while arguably a design feature of the Mid-Century Modern architectural style, does not warrant a designation. Such setbacks are common in suburban development.
(3) With respect to LMCO 32.260(E)(1)(e), the Commission found that only one of the two structures displays distinguishing characteristics of the Mid-Century Modern architectural style. This is not adequate to justify designation of both structures and the site. The characteristics of the “simplicity” of the site have been lost with the development of a large apartment building to the south (Shalom Towers) and the institutional complex to the west (Jewish Community Center).
(4) Despite being acknowledged as a well-known architectural firm, particularly for its use of the Beaux-Arts style, the Commission’s own findings with respect to LMCO 32.260(E)(1)(f) state that there has been no evaluation of Joseph & Joseph’s influence on Mid-Century Modern design in Louisville, the Commonwealth or the nation.
(5) The Council agrees with and accepts the finding of the Commission that the property/structures do not meet Guidelines 32.260(E)(1)(c), (d), (g), (h), and (i), and therefore the Council finds that, on balance, the property/structures did not satisfy the criteria for local landmark designation.
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: The March 22, 2018 decision of the Commission designating the property at 3700 Dutchmans Lane in Louisville Metro as a local landmark is overturned and set aside.
SECTION II: This Resolution shall take effect upon its passage and approval.
_______________________________ ________________________________
H. Stephen Ott David James
Metro Council Clerk President of the Council
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Approval Date
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ____________________________
R-136-18 Resolution to Overturn Landmarks Designation at 3700 Dutchmans Lane(Amend. by sub.)(8-8-18)(2).docx