Section 15.64.210 Unreasonable economic hardship--Landmarks and historic districts.

(A) If, notwithstanding a proposed construction, alteration, removal or demolition may be inconsistent with the criteria of this chapter, failure to grant a COA will involve an unreasonable economic hardship to the applicant, the Commission may grant the COA to allow the performance of work which otherwise would be denied upon its findings that there will not be a substantial detriment to the public welfare nor substantial derogation from the purposes of this chapter.

(B) In order to enable the Commission to determine Unreasonable Economic Hardship, the applicant shall at the time of the public hearing or meeting at which the application for a COA is considered, produce all relevant information in affidavit form including:

(C) If the Commission finds that a proposed construction, alteration, removal or demolition is inconsistent with the criteria of this chapter and issuance of a COA would cause substantial detriment to the public welfare or substantial derogation from the purposes of this chapter, but that denial of the permit would cause an economic hardship for the applicant, the Commission may order a postponement of any action on the application for a period not to exceed six (6) months. During this period, the Commission shall investigate alternatives to provide for a reasonable beneficial use or a reasonable economic return, or to otherwise preserve the subject property and improvements. If, by the end of the six (6) month period, the Commission has found what without approval of the proposed work, the property and improvements cannot be put to a reasonable beneficial use or the owner cannot obtain any reasonable economic return, the Commission shall grant the COA for the proposed work. In case a COA is denied, the applicant may, within fifteen (15) working days, appeal the Commission’s decision to the City Council. The City Council may affirm, modify or reject the decision, after due consideration of the facts contained in the record submitted to the City Council by the Commission.

(D) When granting a COA under this section the Commission shall indicate the reasons for issuance, and may prescribe any conditions or limitations that are necessary to minimize the adverse impact of the requested construction, alteration, removal or demolition.