On March 24, 2022, a residential renovation/repair permit was approved and subsequently issued for renovation work on the Primm barn, which is located on the north side of Moores Lane. It is estimated that the barn was constructed around 1920. The current property owner's original intent was to restore the barn to a historically accurate representation of the original structure. Work had begun to shore up the structure.
In 1994, the front setbacks for the R-1 zoning district were established at 150 feet. This structure is located approximately 80 feet from the road. Because the structure was allowed in its current location prior to the establishment of the 150-foot setback, it is considered a legal nonconforming structure.
The Zoning Ordinance currently allows legal nonconforming structures to remain, but they may not be enlarged or moved without coming into full compliance with current standards. In addition, nonconforming structures must come into full compliance with the Municipal Code (including setbacks) if they are destroyed to an extent of more than 50 percent of their replacement cost at time of destruction.
On April 13, 2022, a storm blew through the area and toppled a tree on the barn causing substantial damage to the structure. The property owner has notified staff of her desire to continue work to preserve the barn, even after the damage caused by the tree. Staff recognized that the cost to repair the extensive damage done by the tree along with the costs associated with the original planned scope of work would most likely exceed the 50 percent valuation of its replacement as established in Section 78-5(d) of the Municipal Code as described above. Essentially, the Code as currently written would require the barn to be demolished due to its nonconforming status.
Recognizing the important historical significance of the barn, and the desire to preserve the structure for the benefit of the community, staff presented a status report on the barn to the Commission at its May 5, 2022, briefing. At that meeting, staff was directed to prepare an ordinance amendment that would provide for allowances for historic nonconforming structures to be rebuilt when appropriate.
The attached ordinance amendment amends Section 78-5(d)(2) to read as follows. The bolded, highlighted text represents the proposed additions to the subsection.
(2) Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Notwithstanding the foregoing, nonconforming structures which have been in existence for more than 75 years or which are part of historically significant sites designated as such by resolution of the board of commissioners may be reconstructed if recommended by the Brentwood Historic Commission. The Historic Commission shall consider whether such reconstruction is appropriate to retain or enhance the historic importance of the structure or site. Any reconstruction must be so substantially similar as to be a visual scale replica of the exterior elevations of the structure that has been destroyed. If recommended by the Historic Commission, the Building Official may issue such permits as appropriate subject to submittal of required plans as applicable. The owner of the property shall have eighteen (18) months from the date the damage occurred to present a plan for the reconstruction of the affected structure to the Historic Commission for their review.
The proposed amendment would provide staff with additional flexibility in dealing with similar situations in the future related to structures that have been designated historically significant.
On June 17, 2022, the Historic Commission was briefed on the provisions of Ordinance 2022-07. The Commission suggested several revisions to the language, to include the following:
- Better define the term replica by adding the following wording -- an exact visual scale replica of the exterior elevations of the structure, and
- If a structure affected by the provisions of the ordinance is damaged, the owner would have twelve (12) months to present a reconstruction plan to the Historic Commission for their review. Note that this time period is not intended to be a deadline to complete the reconstruction of the damaged structure.
The amended version of the ordinance is attached below.
The Planning Commission conducted its review of the proposed ordinance amendment at its regular meeting of June 6, 2022 and voted ten for and zero against (10-0) to forward a recommendation of approval of Ordinance 2022-07 to the Board of Commissioners.
Please contact the Planning and Codes Director should you have any questions. |