The Commission may utilize the standards outlined
in the “Handbook for Connecticut District and Historic Properties
Commissions” as a guide in evaluating proposals in addition
to the requirements of these regulations and the Connecticut General
Statutes.
In determining appropriateness as to exterior
architectural features, buildings, or structures, the Commission shall
consider, in addition to any other pertinent factors:
A. Historical and architectural value.
F. Texture and material of the architectural features.
G. Type and style of exterior windows, doors, light fixtures,
signs, aboveground utility structures, mechanical appurtenances, and
type and texture of building materials.
H. The relationship thereof to the exterior architectural
style and pertinent features of other buildings and structures in
the immediate neighborhood.
In passing upon appropriateness as to parking
the Commission shall consider the size of such parking area, the visibility
of cars parked therein, the closeness of such areas to adjacent buildings,
and other relevant factors.
In passing upon the appropriateness of alteration
to earthworks or sites of historic or archeological importance, the
Commission shall consider, in addition to any other pertinent factors,
their value and significance, size, design, arrangement, texture and
materials.
The Commission may modify or vary compliance
with any provision of these regulations, where, by reason of topography,
district borderline situations or because of other unusual circumstances
solely with respect to a certain parcel of land, strict adherence
of these regulations would impose exceptional practical difficulty
or undue hardship on the applicant. No modification or variance will
be granted until after a written request, documented to the Commission's
satisfaction in form and amount of information, detailing the basis
of the claim or hardship, has been made to the Commission by the person
seeking modification or variance. Also, a public hearing shall be
held within the time period stipulated by these regulations.
A. Additionally, the Commission must find that any such
modification or variance shall remain in harmony with the general
purpose and intent of the varied section(s) so that the general character
of the Historic District shall be conserved and substantial justice
done. In granting variances or modifications, the Commission may impose
such reasonable and additional stipulations and conditions as will,
in its judgment, better fulfill the purpose of the varied sections.
Construction may not begin before the Commission has held a public
hearing and acted upon a Certificate of Appropriateness or the request
for a modification or variance.
B. The Commission shall, for each variance or modification
granted, place upon its records and in it the Notice to the Applicant
the reasons for its determinations.
When an applicant so desires, he or she may
present evidence of economic hardship to the Commission. When an applicant
raises the issue of economic hardship, the Chairperson may appoint
a Committee to review the applicant's evidence of economic hardship.
Factors that the Commission may consider when evaluating an applicant's
claim of economic hardship may include, but are not limited to, the
following:
A. The estimated cost of proposed construction, alteration,
demolition, or removal.
B. The estimated cost necessary to comply with the Commission's
standards required for issuance of a Certificate of Appropriateness.
C. The estimated market value of the Property in its
current condition.
D. The estimated market value of the property after completion
of the proposed construction, alteration, demolition, or removal.
E. The estimated market value of the property after the
changes required by the Commission.
F. The most recent assessed value of the property including
the date on which said assessment was made.
G. The amount paid for the property.
I. In the case of income-producing property, the gross
annual income from the property for the previous two years, including
an itemization of operating and maintenance expenses, and depreciation
deduction and annual cash flow before and after debt service, if any,
during the same period.
J. The remaining balance on any mortgage or other financing
secured by the property.
K. Real estate taxes for the previous two years.
L. All appraisals obtained within the previous two years
by the owner or applicant in connection with the purchase, financing,
or ownership of the property.
M. The applicant's personal income taxes for the previous
three years.
N. Form of ownership or operation of the property-whether
sole proprietorship; for profit or non profit organizations; limited
partnership; joint venture; or other.
O. The age of the existing structure on the property.
P. The historic significance of the structures on the
property, including any designations or recognition of historic character.
Q. The alternatives explored and investigated by the
applicant in an effort to maintain historical integrity of the property
without causing economic hardship.
R. A report from a licensed engineer or architect experienced
in rehabilitation regarding the structural boundaries and rehabilitation
of any structure proposed, particularly any structure proposed for
demolition on the property.
S. An estimate from an architect, developer, real estate
consultant, appraiser or other real estate professional experienced
in rehabilitation regarding the economic feasibility of rehabilitation
or reuse of an existing structure proposed for demolition.
T. The Commission may solicit expert testimony and may
require the applicant to submit, by affidavit, any or all of the above
information.