Marine City Commission updates historic district ordinance – The Voice

Marine City councillors approved an amendment to the historic district ordinance at their June 20 meeting. (MediaNews Group archive photo)

The Marine City Commission recently approved a change to the historic district ordinance and a change to the schedule for its July meetings.

The Historical Commission moved to amend Ordinance No. 155.098 relating to the Historic District Investigation Committee and the Report of the Investigation Committee by deleting the line “and determine the interests of each property in participating in such district” contained in Section 1-B.

Removing the language would allow the city’s historic district, which consists of 300 Broadway St. and Heritage Square, to be recognized as a state historic district by the State Historic Preservation Office. The amendment was first presented to the commission at its May 2 meeting.

Historical Commission member Genevieve Prange said during the public comment period of the May 2 meeting that SHPO recognition would result in the district appearing on their website, which would be the first step toward becoming a certified local government, and that SHPO certification would put the city on the shortlist for their exclusive CLG grants.

She also said that the property clause is there to protect residence from restrictions or controls due to the expectation of living in a historic district, but there are currently no privately owned properties in that district.

Commissioners ultimately voted to delay the ordinance so that City Attorney Robert Davis can look at any inconsistencies in the ordinance, such as whether the change could potentially prevent the city from making certain decisions about the building, as well as the possibility that the city could add more buildings to the district in the future.

During the public hearing at the June 20 meeting, three people spoke in favor of the change, including Prange.

During the discussion of this item, Commissioner Jacob Bryson moved to approve Order 2024-004 amending Order No. 155.098.

“They asked me to look at the issue raised by removing the language, and I concluded that removing the requested language would bring the language into line with current law and allow the city to apply for a CLG,” Davis said. “While that doesn’t guarantee we’ll get a CLG, it gives you the opportunity to do so.”

“Then you asked me to look at the balance of the safeguards and the process for establishing a historic district. I could not see any negative legal consequences for other property owners if that language were removed, nor could I see any legal conflicts with other ordinance provisions,” he continued.

Davis said in order for a resource or property in the city to become a historic district, a process is required where the commission convenes a committee of inquiry. Once that committee completes its work, it is presented to the city commission in the form of a proposed ordinance to create the historic district.

He said the city has not given up ownership of 300 Broadway St., but has given up on reviewing exterior and some interior changes.

“So if you were to propose to do something with the building, you would have to get approval from the (historic commission) first because the point is to preserve the character and appearance of the exterior portion of the building,” Davis said. “I know there was some concern that this would affect future property owners. I don’t think that’s the case because every historic district has to go through this process and every historic district has to come back to you in the form of a proposed ordinance and each one has to be voted on.”

Davis said the city has already established its historic district and removing the language would not change that. Any new additions to the historic district would go back to the commission after a lengthy process.

“To put it another way, the City Commission can’t just force any neighborhood into the historic district and take control or anything like that; that’s not possible,” said Commissioner Sean O’Brien. “And I think that’s the biggest fear people have about that.”

Mayor Lisa Hendrick said the commission needs to discuss 300 Broadway St. more in the future because she believes the historic district’s procedures are sometimes not properly followed when it comes to building renovations. She said the city commission needs to start making decisions about what to do with the building.

“It is up to us to tell (the historians’ commission) what we want to do, then they have to decide based on the rules whether we can do it or not,” she said.

O’Brien said the ordinance change will open up the city to grants and other opportunities from the SHPO, including experts who can conduct consultations and studies. He said the grants range from $5,000 to $100,000.

“These are annual, they can go to the same recipients year after year, and so this could help us tackle one project at a time,” he said.

The motion was passed unanimously.

In addition, the council voted unanimously to cancel the regular City Commission meetings on July 4 and July 18 and to set July 11 as the only meeting that month in 2024. This was due to the holiday and the fact that the city had to submit a proposal and resolution to the Michigan Department of Environment, Great Lakes and Energy on July 12.

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