A. Modifications Permitted: When, by reason of unusual circumstance, the strict application of any provision of subsections 11-39-040D and 11-39-050E of this chapter would result in the exceptional practical difficulty or undue economic hardship upon any owner of a historic resource, the city council, with recommendation from the historic preservation commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the city council, with or without recommendation from the historical preservation commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person's own making.
1. Definition And Determination Of Economic Hardship: The determination of economic hardship shall require the applicant to provide evidence sufficient to demonstrate that the application of the standards and regulations of this section deprives the applicant of all reasonable economic use or return on the subject property.
2. Standards For Determination Of Economic Hardship: Farmington City may, at its sole discretion, solicit expert testimony and/or require that the applicant make submission concerning any or all of the information set forth below before it makes a determination. Such material may include, but is not limited to:
a. The applicant's knowledge of the designation and the applicant's knowledge or the condition of the property at time of purchase and the applicant's plan for the property at time of purchase.
b. The current level of economic return on the property as considered in relation to the amount paid for the property; the annual gross and net income, if any, for the property; remaining balance on any financing secured by the property and annual debt service, if any; real estate taxes; appraisals (no older than 6 months); fair market value; form of ownership; and federal and state income taxes related to the property.
c. The marketability of the property for sale or lease. This determination can include testimony and relevant documents regarding: any real estate broker or firm engaged to sell or lease the property; reasonableness of the price or rent sought by the applicant; and any advertisements placed for the sale or rent of the property.
d. The infeasibility of a use or alternative uses that can earn a reasonable economic return in the case of income producing properties for the property as considered in relation to the following:
(1) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
(2) Estimate of the cost of the proposed construction, alteration, demolition or removal, and an estimate of any additional cost that would be incurred to comply with the decision of the historic landmark commission concerning the appropriateness of proposed alterations.
(3) Estimated market value of the property in the current condition after completion of the demolition and proposed new construction; and after renovation of the existing property for continued use.
(4) The testimony of an architect, developer, real estate consultant, appraiser or other professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.
e. Economic incentives and/or funding available to the applicant through federal, state, city or private programs.
f. Description of past and current use.
g. An itemized report that identifies what is deficient if the building does not meet city building code, and information as to the cause of the building's current condition.
h. Consideration of conditional use options, variances or financial incentives to alleviate hardship.
i. The city and the applicant may submit additional evidence relevant to the issue and determination of economic hardship for review and consideration.
B. Request For Review: A person who alleges that action by the historic preservation commission or the city will result in an unconstitutional taking of property may request a review thereof as provided in this code. (Ord. 2013-08, 4-16-2013)