The zoning classification of Edina Heritage Landmark is established to promote the preservation, protection and use of significant heritage resources in the city. Heritage landmarks shall be nominated by the heritage preservation commission and designated by council resolution. Unless otherwise stated, the list of definitions in section 2-186 shall govern this article.

(Code 1970; Code 1992, § 850.20(1); Ord. No. 2024-06, § 3, 10-1-2024)

The following criteria will guide the heritage preservation commission and the council in evaluating potential heritage landmark designations:

(1)

The quality of significance in history, architecture, archeology and culture present in buildings, sites, structures, objects and districts that reflects:

a.

Association with important events or patterns of events that reflect significant broad patterns in local history;

b.

Association with the lives of historically significant persons or groups;

c.

Embodiment of the distinctive characteristics of an architectural style, design, period, type or method of construction; or that possess high artistic values, or that represents a significant and distinguishable entity whose components may lack individual distinction; or

d.

Important archeological data or the potential to yield important archeological data.

(2)

The retention of specific aspects of historical integrity, including location, design, setting, materials, workmanship, feeling and association, that convey significance as a heritage resource worthy of preservation.

(Code 1970; Code 1992, § 850.20(2); Ord. No. 2024-06, § 3, 10-1-2024)

The heritage preservation commission shall review the inventory of heritage resources and evaluate the significance of all properties identified by survey. If it determines that a surveyed heritage resource appears to meet at least one of the heritage landmark eligibility criteria, the heritage preservation commission may, by majority vote, issue a determination of eligibility for planning purposes.

(Code 1970; Code 1992, § 850.20(3); Ord. No. 2024-06, § 3, 10-1-2024)

Nomination of a property to be considered for designation as an Edina Heritage Landmark shall be submitted to the council by the heritage preservation commission. Each nomination shall be accompanied by a heritage landmark nomination study prepared by the city planner. This study shall:

(1)

Identify and describe in detail the heritage resource being nominated;

(2)

Explain how the property meets one or more of the heritage landmark eligibility criteria;

(3)

Make the case for historical significance and integrity; and

(4)

Recommend a plan of treatment for the heritage resource, with guidelines for design review and specific recommendations for preservation, rehabilitation, restoration and reconstruction, as appropriate.

(5)

Identify the resource's character defining features.

The study shall be accompanied by a map that clearly locates the property, a detailed plan of the nominated heritage resource, and archival quality photographs that document significant features of the building, site, structure, object or district.

(Code 1970; Code 1992, § 850.20(4); Ord. No. 2024-06, § 3, 10-1-2024)

The city planner shall submit all heritage landmark nominations to the state historic preservation officer for review and comment within 60 days.

(Code 1970; Code 1992, § 850.20(5))

The city planner shall submit all heritage landmark nominations to the city planning commission for review and recommendations prior to any council action.

(Code 1970; Code 1992, § 850.20(6))

On receipt of the heritage landmark nomination documents and the comments of the state historic preservation office and the city planning commission, the council shall hold a public hearing to consider the proposed landmark designation.

(Code 1970; Code 1992, § 850.20(7))

The council may designate a property as an Edina Heritage Landmark by resolution.

(Code 1970; Code 1992, § 850.20(8))

The Heritage Preservation Commission and city council have adopted a plan of treatment document for each Heritage Landmark Property or District to assist in the administering of this article. The plan of treatments are incorporated by reference into this article. In case of a conflict, the Historic Preservation Ordinance shall govern. The plan of treatment may be amended from time to time by resolution.

(Ord. No. 2024-06, § 3, 10-1-2024)

Editor's note— Ord. No. 2024-06, § 3, adopted October 1, 2024, repealed the former § 36-721, and enacted a new § 36-721 as set out herein. The former § 36-721 pertained to designation of heritage landmarks on zoning map and derived from Code 1970 and Code 1992 § 850.20(9).

To ensure compliance with the goals and policies of the comprehensive heritage preservation plan, the heritage preservation commission shall review every application for a preliminary plat, conditional use permit, variance or rezoning, in relation to a designated heritage landmark; and the city planning commission shall give the heritage preservation commission a reasonable opportunity to comment on such projects before making its recommendation to the council.

(Ord. No. 2024-06, § 3, 10-1-2024)

Editor's note— Ord. No. 2024-06, § 3, adopted October 1, 2024, repealed the former § 36-722, and enacted a new § 36-722 as set out herein. The former § 36-722 pertained to review of permits and derived from Code 1970 and Code 1992 § 850.20(10).

(a)

Certificate of Appropriateness. Except as provided herein, a Certificate of Appropriateness is required prior to making any of the following changes to a site located within a Historic District:

(1)

Removal, modification, or addition to character-defining features on street-facing facades as defined in section 2-186.

(2)

Replacement of exterior materials that are not in-kind replacement.

(3)

The addition of and/or replacement of windows that are not the same size, shape, style of operation and or pane arrangement on street-facing facades as defined in section 2-186.

(4)

The addition of and/or replacement of doors that are not the same size and shape on street-facing facades as defined in section 2-186.

(5)

Demolition of an existing detached garage and the construction of a new detached garage or an addition to an existing detached garage.

(6)

An addition to a street-facing facade as defined in section 2-186.

(7)

Change in pitch or height of a roofline visible from the street as defined in section 2- 186.

(8)

Demolition of a contributing resource (to designate as a non-preservation resource) structure.

(9)

Design and construction of a new home within a Historic District. This includes the demolition and new construction for properties built outside the period of significance.

(b)

City actions. City activities (including but not limited to activities on city property or in the city right-of-way) shall not require a Certificate of Appropriateness provided that the commission shall review and make recommendations to the city council concerning city activity that could change the nature or appearance of a site located within a Historic District.

(c)

Exempt work. The following types of projects shall not require a Certificate of Appropriateness:

(1)

Ordinary maintenance, such as repainting.

(2)

In-kind replacement of exterior materials, such as replacement of deteriorated wood lap siding with new wood lap siding or replacement of windows and doors of the same shape, size, and type.

(3)

Work affecting only the interior of a structure.

(4)

Furnishings and moveable items, such as window boxes, light fixtures, shutters.

(5)

Site work, including retaining walls, fences, and pools.

(6)

Items that do not require a building permit.

(d)

City permits. In addition to a Certificate of Appropriateness required by section 36-723(a), applicants must also obtain a Certificate of Appropriateness permit and all other necessary permits required by City Code or other City ordinances for the proposed work.

(Ord. No. 2024-06, § 3, 10-1-2024)

Editor's note— Ord. No. 2024-06, § 3, adopted October 1, 2024, renumbered the former § 36-723 as § 36-727 and enacted a new § 36-723 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

(a)

Certificate of Appropriateness. Except as provided herein, a Certificate of Appropriateness is required prior to making any of the following changes to a landmark structure:

(1)

Demolition of any building or structure, as defined in section 2-186.

(2)

Moving a building or structure to another location.

(3)

Excavation of archeological features, grading, earth moving in areas believed to contain significant buried heritage resources; and

(4)

New construction as defined in section 2-186.

(b)

City actions. City activities (including but not limited to activities on city property or in the city right-of-way) shall not require a Certificate of Appropriateness provided that the commission shall review and make recommendations to the city council concerning city activity that could change the nature or appearance of a landmark site.

(c)

City permits. In addition to a Certificate of Appropriateness required by section 36-724(a), applicants must also obtain a Certificate of Appropriateness permit and all other necessary permits required by City Code or other City ordinances for the proposed work.

(Ord. No. 2024-06, § 3, 10-1-2024)

Editor's note— Ord. No. 2024-06, § 3, adopted October 1, 2024, repealed the former § 36-724, and enacted a new § 36-724 as set out herein. The former § 36-724 pertained to violation and derived from Code 1970; Code 1992, § 850.20(13).

(a)

Preapplication meeting with city planner.

(b)

Application. An application for a Certificate of Appropriateness shall include all information that the city planner and the commission determine is necessary for a complete application, including, but not limited to, photographs of the existing structure, scaled plans and written description fully describing the proposed work and information about the building materials to be used, and drawings or photographs showing the property in the context of its surroundings. Following receipt of a complete application and all supporting documentation including fee established by resolution of the Council, the city planner shall begin the review process.

(c)

Providing notice. Notices of a review of a Certificate of Appropriateness by the Heritage Preservation Commission shall be sent to properties in the same manner outlined in section. 36-97 a&c.

(d)

Commission review. The Commission may approve, approve with conditions, continue or deny in whole, or part, an application. Subject to the requirements of Minn. Stat. § 15.99, the commission may continue consideration of an application if it finds that additional documentation or expert technical advice from outside its membership is needed to properly evaluate the application. All findings and decisions of the commission shall be final, subject to appeal to the city council as specified in section 36-728.

(e)

Action by commission. If the commission approves the application, it shall direct the city planner to issue a Certificate of Appropriateness subject to such conditions established by the commission. The Commission shall notify the applicant of their right to appeal and furnish the applicant with a copy of the decision.

(f)

Time limitation. Upon issuance of a Certificate of Appropriateness the recipient must apply for a building permit and Certificate of Appropriateness permit within 12 months.

(1)

A one-time extension may be granted by the commission for a period up to 12 months from the date of expiration provided that:

a.

The original Certificate of Appropriateness has not expired at the time of application for an extension is filed; and

b.

The site or building conditions have not changed on the subject property and adjacent properties.

(2)

Upon expiration or expiration of an extension, the applicant must reapply for a Certificate of Appropriateness.

(g)

Certificate of Appropriateness criteria. In making a determination whether to approve or deny an application for a Certificate of Appropriateness, the commission shall be guided by the following criteria:

(1)

Secretary of the Interior's Standards and Guidelines for Rehabilitation.

(2)

Plan of treatment documents- the design guidelines and standards listed in the plan of treatment.

(3)

Additional criteria for proposed alterations within designated Historic Districts. Before approving a Certificate of Appropriateness to a property within an Historic District, the commission (or city council on appeal) shall make the following findings:

a.

The alteration is compatible with and will ensure continued significance and integrity of all contributing properties in the Historic District based on the period of significance for which the district was designated.

b.

Granting the Certificate of Appropriateness will be in keeping with the spirit and intent of the ordinance and will not negatively alter the essential character of the Historic District.

(4)

Criteria for moving and demolition is located in section 36-726 of this Chapter.

(h)

Changes to approved Certificate of Appropriateness.

(1)

Minor changes. Minor changes to an approved Certificate of Appropriateness may be authorized by the city planner where it is determined by the city planner that the proposed changes are not changes to character defining features and are consistent with the approval made by the commission.

(2)

Other changes. Changes to an approved Certificate of Appropriateness other than changes set forth in (1) above determined by the city planner to be minor are considered material changes and shall require an amendment to the Certificate of Appropriateness by the commission. The requirements for application and approval of an amended Certificate of Appropriateness shall be the same as the requirements for original approval, including a fee.

(Ord. No. 2024-06, § 3, 10-1-2024)

(a)

Purpose. The demolition or relocation of historic resources is deemed detrimental to the public interest and shall only be permitted pursuant to prescriptions of this section.

(b)

Concept review. Prior to submission of a formal Certificate of Appropriateness application seeking demolition approval, a concept plan may be submitted for the purpose of obtaining the commission's comments and recommendations prior to the owner spending significant time and expense in the preparation of reuse plans when applying for a Certificate of Appropriateness for the demolition or moving of a historic resource.

(1)

The property owner requesting a concept review shall submit preliminary drawings of any proposed building or addition, current photographs of the property and reasons for the requested demolition or moving of the historic resource.

(2)

After discussion with the owner, the commission may provide preliminary feedback on the proposed reuse of the property and the removal or demolition of the historic resource. The Commission's comments on such a concept plan shall not be binding on any subsequent Certificate of Appropriateness applications seeking demolition approval.

(c)

Engineer study. In any case involving the demolition or relocation of a historic resource, before granting approval, the commission may require a structural engineer, or historic preservation architect, at the owner's expense, to provide them with a report on the state of repair and structural stability of the structure under consideration.

(d)

Demolition or relocation criteria. In determining the appropriateness of any application for the demolition or relocation of a landmark or contributing building in a Historic District, the commission shall use the following criteria:

(1)

The architectural significance of the building or structure.

(2)

The historical significance of the building or structure.

(3)

The condition and structural integrity of the building or structure, as indicated by documentation prepared by a qualified professional or licensed contractor, or other information, provided to the commission for examination.

(4)

Effect on surrounding properties.

(5)

Effect on the Historic District if a contributing building is in a Historic District.

(e)

Additional matters considered. In addition to the general criteria listed in section 36-725(g), the applicant must also demonstrate:

(1)

If requesting relocation, that structure can be moved without significant damage to its integrity of design, materials, and workmanship and the applicant can show the relocation activity is the best preservation method for the retention of the structure.

(2)

If requesting relocation, whether the resource is on its original site.

(3)

If requesting relocation, that the structure will retain sufficient historic integrity in its new location to remain a historic landmark.

(f)

If the commission denies application, the commission shall notify the applicant of their right to appeal and furnish the applicant with a copy of the decision.

(g)

Demolition permit. No permit to demolish a landmark, a contributing or non-contributing resource may be issued without the issuance of a Certificate of Appropriateness and Certificate of Appropriateness permit for a replacement structure or project for the property involved.

(Ord. No. 2024-06, § 3, 10-1-2024)

Any party aggrieved by a decision of the heritage preservation commission or an administrative official may appeal such decision by filing a written appeal with the city clerk no later than ten days after the decision of the heritage preservation commission or the administrative official. If not so filed, the right of appeal shall be deemed waived and the decision of the heritage preservation commission or administrative official shall be final. Upon receipt of the appeal, the city clerk shall transmit a copy of said appeal to the heritage preservation commission. The council shall hear and decide all appeals in the manner provided by section 36-100.

(Ord. No. 2024-06, § 3, 10-1-2024)

In emergency situations where immediate repair is needed to protect the safety of a building or structure and its inhabitants, the city planner, city building official, community health administrator or fire chief may approve the repair or demolition without prior Commission action. Emergencies are defined as life or health threatening conditions requiring immediate attention, as determined by the city building official, fire chief, or community health administrator. In the case of an emergency repair permit issued pursuant to this section, the city planner shall notify the commission of its action and specify the facts or condition constituting the emergency situation.

(Ord. No. 2024-06, § 3, 10-1-2024)

Owners of historic resources shall keep such resources in good condition and repair and not allow their buildings or structures to deteriorate by neglect (i.e. failing to provide ordinary maintenance or repair.)

(a)

The building official and community health administrator shall have the authority to monitor the condition of historic resources to determine if they are being allowed to deteriorate by neglect. Such conditions as broken windows, doors and openings which allow the elements to enter, the deterioration of exterior character-defining features, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair.

(b)

In the event the building official or community health administrator determines that there has been a failure to provide ordinary maintenance or repair, the building official or community health administrator will notify the owner of the property and set forth the steps necessary to comply with the provisions of the Building Code and City Code

(Ord. No. 2024-06, § 3, 10-1-2024)

(a)

In case any building or structure subject to the regulation of this chapter is to be erected or constructed, reconstructed, altered, repaired, maintained, moved, or subjected to demolition in violation with this chapter, the city planner, building official, or community health administrator in addition to any other remedies, may:

(1)

Institute civil action for injunctive relief to stop, prevent, or abate a violation of this chapter.

(2)

Issue a stop work order to prevent a continuing violation of this chapter.

(Ord. No. 2024-06, § 3, 10-1-2024)