Michigan Historic Preservation Network Presentation to Farmington Hills, Michigan, Historic District Commission and guests at regular meeting January 9, 2008, by volunteer Kristine M. Kidorf, Kidorf Preservation Consulting
1. No one ever said it would be
easy…
The Role of Historic District
Commissioners
Farmington Hills
Historic District Commission
January 9, 2008
Kristine M. Kidorf
Kidorf Preservation Consulting
Detroit, Michigan
www.mhpn.org
5. Requirements of HDC members
– Resident of the City
– Majority must have a demonstrated
interest or knowledge in historic
preservation
– Members serve a 3 year term
– 2 people from a list submitted by 1
or more preservation organizations
– Registered architect if available
6. Your Job as a Historic District
Commissioner
– Review all exterior changes in local historic
districts.
– Issue Certificates of Appropriateness, Notices to
Proceed, or Denials
– Develop design guidelines
– Promote preservation in your community
7. Why is Review so
important?
Knowing what the consequences of work will
be in the planning phase provides the
basis for more informed judgments about
the irreplaceable material record. What we
choose to repair, replace, or demolish
ultimately determines how the property is
understood by today's and tomorrow's
viewers. Signs fall down and interpreters
aren't always there. So essentially, the
work itself is the explanation.
8. Making the Decision
What to Consider – PA 169
US Secretary of the Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings (36 CFR part
67).
Design review standards and guidelines if they exist.
The historic or architectural value and significance of the
resource and its relationship to the historic value of the
surrounding area.
The relationship of any architectural features of the resource
to the rest of the resource and to the surrounding area.
The general compatibility of the design, arrangement, texture,
and materials proposed to be used.
Other factors, such as aesthetic value, that the Commission
finds relevant.
9. Making the Decision
Questions to ask
Why is the property significant?
• What information is contained in the
study committee report?
• Is the resource important by itself or
as a piece of a larger district?
• Is it important for its architecture, its
history, or both?
• Does it contribute to the district?
11. Making the Decision
Contributing vs. Non-
Contributing
Does this building contribute to a commercial
district with buildings constructed from the 1890s
through the 1930s?
13. Making the Decision
Questions to Ask
What are the key features of the
resource?
• Architectural – porches, windows,
doors, siding, trim, massing, roof
• Landscape – trees, walkways,
gardens
• Garages and outbuildings
• Placement in the district
14. Making the Decision
Questions to Ask
What are the key features of this resource?
15. Making the Decision
Questions to Ask
What is the character of the
proposal?
• Is it for repairing?
• Is it for replacing? With a
matching or modern material?
• Is it for an addition?
• Is it for new construction within a
district?
• Is it for demolition?
16. Making the Decision
Questions to Ask – Case Study
The proposal is for vinyl replacement windows, what are
the questions we need to ask about this building?
17. Making the Decision
Four options:
• Certificate of Appropriateness
• Denial
• Notice to Proceed
• Postpone to a date certain
18. Making the Decision
Certificate of Appropriateness
• Does the work meet “The Secretary of the
Interior’s Standards for Rehabilitation and
Guidelines for Rehabilitating Historic
Buildings?”
19. The Secretary of the Interior’s Standards
(1) A property shall be used for its historic
purpose or be placed in a new use that
requires minimal change to the defining
characteristics of the building and its site
and environment.
(1) Every reasonable effort shall be made to provide a
compatible use of a property which requires minimal
alteration of the structure or site.
20. The Secretary of the Interior’s Standards
(2) The historic character of a property shall be retained
and preserved. The removal of historic materials or
alteration of features and spaces that characterize a
property shall be avoided.
(2) The distinguishing original qualities or character of a
structure or site shall not be destroyed. The removal or
alteration of any historic material or distinctive features shall
be avoided.
21. The Secretary of the Interior’s Standards
(3) Each property shall be recognized as a physical
record of its time, place, and use. Changes that
create a false sense of historical development, such
as adding conjectural features or architectural
elements from other buildings, shall not be
undertaken.
(3) All buildings shall be recognized as products of their
own time. Alterations that have no historical basis and
which seek to create an earlier appearance shall be
discouraged.
22. The Secretary of the Interior’s Standards
(4) Most properties change over time; those
changes that have acquired historic
significance in their own right shall be
retained and preserved.
(4) Changes which may have taken place in the course of
time are evidence of the history and development of a
building and its environment. These changes may have
acquired significance in their own right, and this
significance should be recognized and respected.
23. The Secretary of the Interior’s Standards
(5) Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic
property shall be preserved.
(5) Distinctive stylistic
features or examples
of skilled
craftsmanship which
characterize a
building shall be
treated with
sensitivity.
24. The Secretary of the Interior’s Standards
(6) Deteriorated historic features shall be repaired
rather than replaced. Where the severity of
deterioration requires replacement of a
distinctive feature, the new feature shall match
the old in design, color, texture, and other visual
qualities and, where possible, materials.
Replacement of missing features shall be
substantiated by documentary, physical, or
pictorial evidence.
(6) Deteriorated architectural features shall be repaired rather
than replaced whenever possible. If replacement is needed, the
new material should match the material being replaced in color,
composition, texture, design and other visual qualities. Repair or
replacement of missing features should be based on accurate
duplications of features or pictorial evidence rather than on
conjectural designs or the availability of different architectural
elements from other sources.
25.
26. The Secretary of the Interior’s Standards
(7) Chemical or physical treatments, such as
sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures,
if appropriate, shall be undertaken using the gentlest
means possible.
(7) The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other
cleaning methods that damage the building materials shall
not be undertaken.
27. The Secretary of the Interior’s Standards
(8) Significant archeological resources
affected by a project shall be
protected and preserved. If such
resources must be disturbed,
mitigation measures shall be
undertaken.
(8) Contemporary design for alterations and additions to
existing properties will not be discouraged when such
alterations and additions do not destroy significant
historical, architectural or cultural material and such design
is compatible with the size, scale, color, material and
character of the property or neighborhood.
28. The Secretary of the Interior’s Standards
(9) New additions, exterior alterations, or
related new construction shall not destroy
historic materials that characterize the
property. The new work shall be
differentiated from the old and shall be
compatible with the massing, size, scale,
and architectural features to protect the
historic integrity of the property and its
environment.
(9) Whenever possible, new additions or alterations to
structures shall be done in such a manner that if such
additions or alterations were to be removed in the future,
the essential form and integrity of the structure would be
unimpaired.
29. The Secretary of the Interior’s Standards
(9) New additions, exterior alterations, or related new
construction shall not destroy historic materials that
characterize the property. The new work shall be
differentiated from the old and shall be compatible
with the massing, size, scale, and architectural
features to protect the historic integrity of the
property and its environment.
30. The Secretary of the Interior’s Standards
(10) New additions and adjacent or related new
construction shall be undertaken in such a manner
that if removed in the future, the essential form and
integrity of the historic property and its environment
would be unimpaired.
31. Evaluating the application
• Review application – take note of what’s
important about the resource
• Assess current condition, is the material
original? Is it repairable?
• What are the qualities of the proposed
materials?
• What do the Secty Interior Stds say?
• Are there extenuating circumstances?
• Don’t be afraid to say no!
36. Making the Decision
Denial
• The work does not meet “The Secretary of
the Interior’s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic
Buildings”
• Issue a denial
• Applicant can re-apply with new
information/changed application; or
• Appeal to the State Historic Preservation
Review Board
37. Making the Decision
Notice to Proceed
• Application does not meet “The Secretary of the Interior’s
Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings”
• Meets condition for a Notice to Proceed
• (1) The resource constitutes a hazard to the safety
of the public or the structure’s occupants.
• (2) The resource is a deterrent to a major
improvement program that will be of substantial
benefit to the community and the applicant
proposing the work has obtained all necessary
planning and zoning approvals, financing and
environmental clearances.
• (3) Retaining the resource will cause undue
financial hardship to the owner when a governmental
action, an act of God, or other events beyond the
owner’s control created the hardship, and all feasible
alternatives to eliminate the hardship, which may
include offering the resource for sale at its fair
market value or moving the resource to a vacant site
within the district, have been attempted and
exhausted by the owner.
• (4) Retaining the resource is not in the interest of
the majority of the community.
38. Notice to Proceed – Hazard to
Public Safety
What would be required to determine if this structure is a
hazard to the safety of the public or the occupants?
39. Notice To Proceed - Deterrent to
Major Improvement Program
The proposal is to demolish these houses to build a
school on the property.
40. Notice To Proceed
Economic Hardship
Refer to document from SHPO
Key Points:
1. Economic Hardship – SOI Standards
2. Economic Feasibility – Ordinance specific – prevents
reasonable use
3. Financial Hardship – Justification for demolition
41. Notice To Proceed
Economic Hardship
What kind of evidence do you need to justify
Economic Hardship?
42. Making the Decision
Postpone to a date certain
Can postpone the application for the
following:
• More information about the application.
• Clarify information provided.
• Cannot get a motion passed
Be careful of 60 days, to be safe get a
written extension from the applicant.
43. Before the Meeting
Ensure applications are complete – develop
application guidelines
Ensure given proper notification for
meetings – Agenda set ahead
Ensure reviewing applications within 60 day
time frame
Do your homework! Review the applications
BEFORE you get to the meeting! Visit the
site.
44. Perception - During the
Meeting
• Ensure public can hear – microphones if
possible – no sidebar conversations!
• Ensure recording meeting, in case of
appeal
• Ensure taking notes for minutes and in
case technology fails
• Explain what’s going to happen – script for
chair
• Treat public with kindness and respect –
they might be nervous and afraid!
45. After the Meeting
• Written decisions sent to applicants
- Why application approved or denied
- If denied: reason, how to correct, how to
appeal
- Must be sent within 60 days
- Good idea to send denials registered
mail and 1st class
• Decisions are communicated to Building
Department
• Minutes are prepared
46. Violations of the Ordinance
Property owners who do work before getting a permit or
do not do what the Commission approved.
Law allows for the Commission to order work corrected if
it does not meet “The Secretary of the Interior’s
Standards.”
If work not corrected Commission can get a court order
to enter property, correct work, and put a lien on the
property.
47. Demolition by Neglect
Gives Commission powers to
correct situations where property
owners are neglecting their
historic properties.
48. Demolition by Neglect
Commission can order repairs made.
If owner does not make repairs
Commission can get a court order to
enter property, make repairs, put a lien
on the property.
50. Demolition by Neglect
Failures
Property owner continues to put the
Commission off by promising repairs and
never making them, or ignoring the
Commission altogether.
51. Design Guidelines
• Helpful for
common types of
work
• Must be approved
by the State
Historic
Preservation Office
• Make them easy
for the public to
understand
• Get comments
from public before
adopting so there
is buy-in
52. Helpful HDC Education Hints
• Year-end wrap up – slide show of before &
after of applications; evaluate HDC’s work
– what can be improved? Invite elected
officials
• Send agendas with results to elected
officials so they can see you’re approving
most applications
• Meet annually with elected officials
• Celebrate Preservation Month – ice cream
social with HDC – Open House
53. HDC Staff Duties
• Varies from community to community
• Generally Staff is the day-to-day face of
the Commission – directed by the
municipality - answers questions, reviews
applications, meeting agendas, field work,
reports/recommendations, decision
letters, violations, demo by neglect
56. State Historic
Preservation Office
Michigan Historical Center
Michigan Department of History, Arts &
Libraries
57. Historic Preservation Income
Tax Incentives
State – Michigan Business Tax
State – Section 266 of the Income Tax
Act of 1967 (PA 70)
58. STATE TAX CREDITS
Encourage investment in Michigan’s
historic resources
Administered by the State Historic
Preservation Office, Michigan Historical
Center, Michigan Department of History,
Arts and Libraries and the Michigan
Department of Treasury
25% credit on state income tax
59. STATE TAX CREDITS
QUALIFIED TAX PAYER
Owner
Long-term lessee
Residential 27.5 Years
Non-residential 39 years
60. STATE TAX CREDITS
HISTORIC RESOURCES
The resource must be 50 years of age
or older
The resource must retain its integrity
The resource can be a building,
structure, site, object, feature, or
open space
61. STATE TAX CREDITS
HISTORIC RESOURCES
If the resource is in a unit of government
with a population less than 5,000 the
resource must meet one of the following
three criteria:
Listed in the National Register of Historic
Places (Located within the boundaries of
a National Historical Park)
Listed in the State Register of Historic
Sites
Located in a local historic district
established under an ordinance that is
compliant with PA 169
62. STATE TAX CREDITS
HISTORIC RESOURCES
If the resource is in a unit of
government with a population greater
than 5,000 the resource must meet
the following criteria:
Located in a local historic district
established under an ordinance that
is compliant with PA 169
63. STATE TAX CREDITS
ELIGIBLE RESOURCES
Owner-occupied residences
Income-producing commercial, industrial
or residential resources
64. STATE TAX CREDITS
ELIGIBLE PROJECTS
Rehabilitation expenditures must be
equal to or greater than 10% of the
State Equalized Value (SEV)
Rehabilitation must be in conformance
with The Secretary of the Interior’s
Standards for Rehabilitation
65. STATE TAX CREDITS
ELIGIBLE EXPENDITURES
Expenditures can be incurred over a
maximum period of five years
Expenditures must have been made
no more that five years prior to the
submittal of the application
66. STATE TAX CREDITS
ELIGIBLE EXPENDITURES
Expenditures eligible for the tax credit
include:
Mechanical, plumbing, electrical
Roof work
Painting
Architect/Engineer fees, Application fees
Kitchens and bathrooms
67. STATE TAX CREDITS
ELIGIBLE EXPENDITURES
Expenditures not eligible for the tax
credit include:
Acquisition costs
Furnishings
Window coverings
Building additions
Appliances
68. STATE TAX CREDITS
TAX CREDIT APPLICATION
Part 1 – Evaluation of Eligibility
Part 2 – Description of Rehabilitation
Part 3 – Certification of Completed
Work
69. STATE TAX CREDITS
TAX CREDIT APPLICATION
Part 1 – Evaluation of Eligibility
Brief description of resource
Statement of significance
Location map
Declaration of Location
$25 processing fee
Photographs, both interior and exterior
70. STATE TAX CREDITS
TAX CREDIT APPLICATION
Part 2 – Description of Rehabilitation
Work description
Plans and specifications
Estimated cost of rehabilitation
Verification of SEV form
Photographs of areas of work
Amendment sheet
71. STATE TAX CREDITS
TAX CREDIT APPLICATION
Part 3 – Certification of Completed
Work
Photographs of completed work
Application fee – determined by the
amount of rehabilitation expenditures
Credit can only be claimed in the year that
the Part 3 is certified
72. STATE TAX CREDITS
PROJECT REVIEW
State tax credit application review is
separate from local review
State tax credit application review is
for the entire resource, including both
interior and exterior
73. STATE TAX CREDITS
USING THE CREDIT
Credit is claimed the year work is
completed and certified by the SHPO
Credit can be carried forward up to 10
years
Credit is subject to a recapture period
of 5 years
74. STATE TAX CREDITS
APPLICATION CERTIFICATION
Certifications made by the SHPO
Applicants have the right to appeal
certification decisions
The SHPO will notify the Department of
Treasury of certifications
Credits are claimed on state tax returns,
Historic Preservation Tax Credit Claim
(Form 3581)
75. STATE TAX CREDIT PROJECT
506 E. KINGSLEY, ANN ARBOR
Remove
asbestos shingle
siding
Repair porch
structure
New paint color
scheme
76. STATE TAX CREDIT PROJECT
506 E. KINGSLEY, ANN ARBOR
$71,345
Final Project
Cost
$17,836 Tax
Credit
78. STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON
Repair slate roof
Repoint masonry
Exterior paint
Porch restoration
Total project cost:
$28,285
Tax credit: $7,071
79. STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON
80. STATE TAX CREDIT PROJECT
339 COLLEGE AVENUE, GRAND
RAPIDS, HERITAGE HILL HISTORIC
DISTRICT
Reconstruct grand
staircase
Repair plaster
Replace missing
trim
Repair and refinish
hardwood floors
$20,375 State
income tax credit
81. STATE TAX CREDIT PROJECT
HUGH H. RICHARD BUILDING, 505
WILDWOOD AVENUE, JACKSON
82. STATE TAX CREDIT PROJECT
921 W. LOVELL, KALAMAZOO
Remove asbestos
shingle siding
Reconstruct front
porch
New paint color
scheme
Interior
Rehabilitation
Total cost
$67,000
83. FEDERAL TAX CREDITS
10% Credit – Rehabilitation of non-
historic buildings:
Built prior to 1936
Non-residential
20% Credit – Rehabilitation of historic
structures:
Property must be depreciable
Rehab must be “substantial”
Building must be a“certified” historic
resource
84. 20% FEDERAL TAX CREDITS
CERTIFIED HISTORIC STRUCTURE
Individually listed in the National
Register of Historic Places
Contributes to the character of a
registered historic district
85. 20% FEDERAL TAX CREDITS
APPLICATION PROCESS
State Historic Preservation Office –
Reviews all Michigan projects
National Park Service – Makes all final
determinations
Internal Revenue Service – Monitors
credits
86. STATE TAX CREDITS
COMBINED WITH FEDERAL TAX
CREDITS
Must apply for federal tax credits if
eligible
20% federal credit + 5% state credit
Complete the federal application form
only
Declaration of Location Form
Verification of the SEV Form
87. CONTACTS AND ADDITIONAL
INFORMATION
Federal or Combined Applications
Robbert McKay
517/335-2727
McKayR@michigan.gov
State Applications
Bryan Lijewski
517/373-1631
LijewskiB@michigan.gov