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File #: R-173-16    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/1/2016 In control: Metro Council
On agenda: 12/8/2016 Final action: 12/8/2016
Title: A RESOLUTION OVERTURNING THE DECISION OF THE LANDMARKS COMMISSION DESIGNATING THE PROPERTY LOCATED AT 2833 TREMONT DRIVE IN LOUISVILLE METRO AS A LOCAL LANDMARK (CASE NO. 16DESGNATION1000)
Sponsors: Vicki Aubrey Welch (D-13), Kelly Downard (R-16)
Attachments: 1. 102516 HANDOUT LMCO 32.250 Historic Landmarks and Preservation Districts Commission.pdf, 2. 112916 Notice of Public Hearing Landmarks 10-27-16.pdf, 3. Emails Sent to Landmarks Staff.pdf, 4. Emails Sent to Metro Council Clerk without Attachments.pdf, 5. Peter Morrin Comments Part 1 and ATTACH.pdf, 6. Peter Morrin Comments Part 2 and ATTACH.pdf, 7. Debra Harlan Comments.pdf, 8. Landmarking Kalorama.pdf, 9. 112916 Public Comment Emails - Last Batch.pdf, 10. 112916 16DESGNATION1000_MCpresentation.pdf, 11. 112916 Tremont PDF.pdf, 12. Tina Heavrin Docs.pdf, 13. Clay Barkley Docs.pdf, 14. Rachel Kennedy Docs.pdf, 15. Leslie Cissell Docs.pdf, 16. Martina Kunnecke Docs.pdf

RESOLUTION NO. ____________, SERIES 2016

TITLE

A RESOLUTION OVERTURNING THE DECISION OF THE LANDMARKS COMMISSION DESIGNATING THE PROPERTY LOCATED AT 2833 TREMONT DRIVE IN LOUISVILLE METRO AS A LOCAL LANDMARK (CASE NO. 16DESGNATION1000)

BODY

                     SPONSORED BY:                       COUNCILWOMAN VICKI AUBREY WELCH

                                                                       COUNCILMAN KELLY DOWNARD

WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) has considered the evidence presented at the public hearings held by the Landmarks Commission on August 18, 2016 and September 15, 2016 and the evidence presented at the public hearing held by the Council’s Planning/Zoning, Land Design and Development Committee on November 29, 2016; and

WHEREAS, pursuant to LMCO § 32.260(G), the Council disagrees with the decision of the Landmarks Commission dated September 15, 2016 designating the Tremont Drive house as a local landmark and makes the following findings of fact:

(1)                      With respect to Guidelines 32.260(E)(1)(b) and (d), the hearing before the Committee revealed that there is inconclusive and conflicting evidence as to whether the Tremont Drive house was actually the residence of Bishop Benjamin Bosworth Smith and the school known as Kalorama; and

(2)                      With respect to Guidelines 32.260(E)(1)(a) and (h), there is conflicting evidence as to whether the Tremont Drive house is actually the same structure as depicted in the photographs purporting to represent the home of Bishop Smith; and

(3)                     With respect to Guidelines 32.260(E)(1)(b) and (h), even assuming the Tremont Drive house is the same structure purported to be Bishop Smith’s residence, the existing structure has undergone substantial exterior alterations diminishing the integrity of its original character; and

(4)                      Additionally, the site has a diminished integrity of setting and the structure has not maintained integrity of craftsmanship since it does not now represent any particular innovation in construction due to the reduction of the original site and alterations and changes to the original structure over time and the property does not meet Guideline 32.260(E)(1)(g) relating to the embodiment of elements or architectural design, detail, materials or craftsmanship representing a significant architectural innovation; and

(5)                     The Council agrees with the Landmarks Commission that the property does not meet Guidelines 32.260(E)(1)(c), (e) and (f).

NOW THEREFORE BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

 

                     Section I:                      The September 15, 2016 decision of the Landmarks Commission designating the property at 2833 Tremont Drive 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 Yates

Metro Council Clerk                                                                                                         President of the Council

 

 

                                                                                                                                                   ________________________________

                                                                                                                                                   Approval Date

 

 

APPROVED AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

By:  ____________________________

 

R-173-16