Geneva mulling changes to historic preservation law

Geneva is updating its historic-preservation ordinance, and soliciting public feedback on changes.

But before a draft of the changes has been sent to the Historic Preservation Commission for review, resident Marty Smircich criticized the process.

City officials should first address "the two elephants in the room," he said: Owner consent for landmark designation, and getting approval from 51 percent of landowners in any new historic district.

Geneva doesn't currently require consent.

"Why in the world would we let the resentment fester further for not looking at the two main issues?" Smircich said.

Not addressing those two topics first "will undermine the credibility of the whole process," he said.

Monday, the council was told the community development department staff will send a draft of recommended changes to the Historic Preservation Commission next week. The commission will begin discussing them Feb. 24, and will devote an entire meeting to the discussion March 10.

Smircich was part of a group upset in 2011 when the city proposed studying whether to create a second historic district, south of the Union Pacific railroad tracks and generally west of South Batavia Avenue. Residents persuaded the council to drop the study.

But the council later that year refused to change the law to require owner approval for landmark status and historic districts. The council voted 8-1 at that time to keep the status quo. Preservation Partners of the Fox Valley Director Liz Safanda noted that if the city had required owner consent for landmark designation, Riverbank Laboratories wouldn't have been saved.

City law allows anyone to nominate a property for designation as a city landmark, and states explicitly that owner permission is not required. If a property is landmarked, owners must submit plans for any exterior changes for review to the Historic Preservation Commission. If plans are denied, the request can be appealed to the city council. Exterior changes to properties in Geneva's historic district also can't be made without review.

Riverbank Laboratories is the only property the council has landmarked against an owner's wish. A developer wanted to tear the buildings down to build town homes. The laboratories were started by Col. George Fabyan and were part of the Fabyan Estate.

Alderman Dorothy Flanagan, who was chairman of Monday's committee meeting, thanked Smircich for raising his issues with the city council, but noted the council hasn't seen any of the suggested changes for the ordinance.

Alderman Chuck Brown, in whose ward the historic district lies, asked when the ordinance review would be finished. Brown is leaving office at the end of April.

Community development director Dick Untch said it is possible it could be finished this spring, but not likely. "I don't believe that this is a process that should be rushed in any way, shape or form," he said.