Properties proposed for historic landmark designation by someone other than the owner would need Naperville City Council approval before going through the review process under an ordinance change to be considered this month.
The amendment was drafted by city staff after the council asked for an added extra layer of protection for property owners who find themselves in a situation where a third party seeks landmark approval despite their opposition.
Council members say they want to strike a balance between property owners’ rights and the desire to preserve places that are historically significant.
While landmark designation can sometimes qualify a property for financial incentives like tax credits for rehab work, it can also mean added expense because city approval is needed for work that might alter historical or architectural features.
Under current rules, anyone can submit an application to make a building a historic landmark, regardless of whether they own it or not. The request is reviewed by the historic preservation and planning and zoning commissions, whose recommendations are sent to the council for a final decision.
The proposed change, which council members will review Dec. 20, requires the property owner be notified before a landmark application if filed so their position is known, according to Allison Laff, deputy director of the city’s Transportation, Engineering and Development department.
If the owner is opposed or doesn’t respond, which is viewed as opposition, the applicant can still proceed if three council members agree to add it to a council meeting agenda, Laff said at a Planning and Zoning Commission meeting this past week.
At the council meeting, the applicant and the property owner are allowed to present their arguments pro and con. Five or more council members must vote in favor of initiating the review process for it to proceed, Laff said.
Failure to be added to an agenda or to get five positive votes means the request is denied, Laff said. No new landmark application can be submitted for three years for the property.
Naperville Development Partnership President Christine Jeffries, speaking at this week’s commission meeting, said her group and the Naperville Area Chamber of Commerce support the changes as important additions to the process.
But that’s not to say they’re opposed landmarking properties — in fact, just the opposite, Jeffries said. They’ve created a website, NapervilleLandmark.com, to explain the benefits of landmark status for the owners of homes and commercial businesses, she said.
The site is currently being reviewed by officials at Naper Settlement, the city’s history museum, and they also plan to seek input from the nonprofit group Naperville Preservation Inc. before it goes live, she said.
The issue of landmarking downtown properties without the owners’ consent has been an issue three times in the last few years with plans for the old Nichols Library, the Kroehler family mansion and the Kroehler YMCA.
Supporters were successful in their quest to obtain landmark designation for the former library, but not for the other two. While the YMCA was ultimately demolished, the builder of a residential subdivision agreed to incorporate the mansion into his town house development in the Naperville Historic District.
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