A. Time and Nature of Determination. The Landmark Preservation Commission shall meet and determine whether the historic and architectural impact study is complete and, if so, whether the proposed demolition will result either in the loss of a building or structure that is of historic or architectural significance or in the significant alteration of the architectural character of the immediate neighborhood, within 60 days after a historic and architectural impact study is filed with the Director.
B. Notice of Impact Determination Meeting. No less than ten (10) nor more than thirty (30) days before the Landmark Preservation Commission meets to conduct the historic and architectural impact review, the Director shall issue notice to the same persons and entities to whom notice was issued pursuant to Section 15.52.040(c). Notice of the historic and architectural impact determination meeting shall also be published in a newspaper in general circulation within the Village, no less than fourteen (14) nor more than thirty (30) days before the meeting.
C. Landmark Preservation Commission Determination and Findings.
1. Upon completing the impact determination meeting, the Landmark Preservation Commission shall enter findings on the following issues:
a. whether the historic and architectural impact study is complete;
b. whether the proposed demolition will have a significant negative architectural or historical impact on either the Village as a whole or on the immediate neighborhood; and
c. whether demolition should be delayed in order to explore alternatives to total demolition.
2. In making its determination, the Landmark Preservation Commission shall consider the following:
a. the historic and architectural impact study prepared pursuant to the foregoing Section 15.52.050;
b. the preliminary property history study prepared pursuant to Section 15.52.040;
c. comment of the Winnetka Historical Society on the application and study; and
d. any other information, comment or evidence received by the Commission at the impact determination meeting or at the preliminary review meeting.
3. The determination of the Landmark Preservation Commission shall be supported by findings of fact based on the entire record.
4. If the Landmark Preservation Commission determines that the historic and architectural impact study filed by the applicant is incomplete or otherwise insufficient to enable the Commission to make a determination as to the impact of the proposed demolition, the Landmark Preservation Commission may direct the applicant to complete, amend or supplement the report and may continue the impact determination meeting pending the applicant's filing of a complete application.
5. If the applicant's resubmission of the study is still found to be incomplete or otherwise insufficient, the Landmark Preservation Commission shall so notify the Director, who shall retain a qualified person to complete the study, at the applicant's expense. The Landmark Preservation Commission shall order the owner to deposit funds with the Village in an amount sufficient to cover all costs of completing the study. The study shall be completed within 30 days after the applicant deposits the funds.
6. A building or structure shall be considered to be historically or architecturally significant if the Landmark Preservation Commission determines that it meets one or more of the following standards:
a. the structure exhibits a high quality of architectural design without regard to the time built or historic associations;
b. the structure exhibits a high quality of architectural design that is not the result of a change or a series of changes in the original structure;
c. the structure exemplifies an architectural style, construction technique or building type once common in the Village;
d. the structure exhibits an unusual, distinctive or eccentric design or construction technique that contributes to the architectural interest of its environs as an accent or counterpart; or
e. that the property has been designated a landmark pursuant to Chapter 15.64 of this Code, has been included in the most recent Illinois Historic Structures Survey conducted under the auspices of the Illinois Department of Conservation, or has been listed on the National Register of Historic Places or the Illinois Register of Historic Places.
D. The Landmark Preservation Commission’s written determination, including its findings of fact, shall be forwarded to the Director.
E. If the Landmark Preservation Commission determines that the proposed demolition will not result in the loss of a building that is of historic or architectural significance pursuant to this section and the owner desires to qualify for a maximum building size bonus pursuant to Section 15.52.090 of this Code, the owner may appeal the decision to the Village Council. The appeal, and the specific basis for the appeal, must be filed in writing with the Director within seven days after the determination by the Landmark Preservation Commission. The Village Council shall hear the appeal no more than 45 days after the appeal is filed with the Director. Not less than 10 or more than 30 days before the Village Council meets to consider the appeal, the Director shall issue notice to the same persons and entities to whom notice was issued pursuant to Section 15.52.040 of this Code. In considering the appeal, the Village Council shall apply the standards set forth in Section 15.52.060.C of this Code, and at the conclusion of its consideration of the appeal, uphold or reverse the determination of the Landmark Preservation Commission by adoption of a resolution by an affirmative vote of at least four members of the Village Council. If the Village Council reverses the Landmark Preservation Commission's decision and the owner decides not to preserve the house but to demolish it. the Village Council may impose a delay in the issuance of a demolition permit in the same manner and for the same duration as the Landmark Preservation Commission as provided in Section 15.52.070.A of this Code.
(MC-2-2021, § 5, Amended 03/16/2021; MC-5-2009, Amended, 05/05/2009)