Clarkston city administration issued a statement opposing Michigan HB 5232, a proposal to revise the state Historic District law.
“The bill to amend the current 1970 Public Act 169 jeopardizes the efficient and fair process for establishing local historic districts already in place, reducing protection given to resources in local historic districts, and diminishes the authority of local historic district commissions and local legislative bodies,” read the statement.
City Council was to discuss a resolution against the bill at a special meeting, Feb. 16.
Independence Township Supervisor Pat Kittle said he is still reviewing the bill, but doesn’t see a need for reform in Clarkston.
“If it ain’t broke, why come in and try and fix it,” Kittle asked. “The city has been a historic district as long as I can remember.”
The proposal would require city residents to vote for their historic district every 10 years or it would dissolve.
Ed Adler, an owner of property at M-15 and Waldon Road who ran afoul of the Clarkston Historic District Commission in
April 2015, said a vote might be a good idea.
“It would be nice if we could re-vote on it right now,” Adler said.
Unless funding is provided, the vote requirement would be an unfunded mandate from the state, Kittle said.
Last April, Clarkston Historic District Commission Chair Cara Catallo said property owners’ tree clearing and grading work at M-15 and Waldon Road should have gone through the commission to maintain the appearance of downtown. The city issued a stop-work order on the property and no work has been done on it since.
Steve Wylie, Clarkston resident and former city council member, said the incident points to a need for local reform.
“I support the concept of historic districts. They’re important and generally beneficial to Clarkston,” Wylie said. “However, we have to be on guard against overreach ? I don’t think the historic district should have been involved in that.”
In October 2010, the Historic District Commission denied a plan to tear down an old garage at 164 North Main Street and build a new and bigger garage. Owners Jim and Debbie Cousens appealed successfully to the State Historic Preservation Review Board, which voted 7-0 in their favor, but at a cost of over $10,000 in legal fees and two days in court.
The new proposal would allow property owners to appeal a denial by their local historic district commision to their city council, instead of the State Historic Preservation Review Board. State officials said that would increase local control. Adler said that wouldn’t help in his case.
“It wouldn’t make any difference at all,” he said.
The proposal had a first reading in Lansing on Jan. 26 and was referred to the Committee on Local Government.