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     Gary L. Cole AIA, Esq. is an Illinois and Florida-licensed attorney and Illinois-licensed architect.  He is also an Historical Architect by training and experience.  He received his law degree from Loyola University Chicago, holds a Bachelor of Architecture degree from the University of Illinois at Chicago,  a Master of Architecture degree from the University of Illinois School of Architecture at Urbana-Champaign in its Historic Preservation option – where he was also a Visiting Associate Professor for over a decade; was an Historical Architect with Illinois’ State Historic Preservation Office (SHPO) – the Illinois Historic Preservation Agency – and, was the Preservation Fund Director for Chicago’s Landmarks Preservation Council.  He is currently a member of the Chicago Chapter of the American Institute of Architects’ Historic Resources Committee.

     He is the co-author of a legal treatise on historic preservation law for the Illinois Institute of Continuing Legal Education (IICLE); has lectured at local, state, national and international conferences on historic-preservation related subjects; is a Board member and outside General Counsel for The Chicago-Midwest Chapter of the Institute of Classical Architecture and Classical America; was an attorney at two of Chicago’s largest law firms - Winston & Strawn LLP and Seyfarth Shaw LLP; and, was in-house counsel for one of the largest retail developers in the southeast – The Sembler Company.   

     As a historic preservation attorney and Historical Architect, he has represented clients in, among other things, obtaining and objecting to landmark designations, obtaining commercial and residential financial/economic incentives for historic rehabilitation, in complying with state and federal historic preservation regulatory laws and in developing creative strategies for financing historic rehabilitation.

 

Team Approach

     Historic rehabilitation projects present special challenges and often require the expertise of numerous specialties to ensure a project’s architectural, legal and financial success.  As an historical architect and historic preservation architectural and legal expert, Mr. Cole believes that the most successful historic rehabilitation projects start with a complete understanding of each project’s physical, architectural, historical and legal challenges and the assembly of the proper team to meet those challenges. 

     Because of his long experience as architect and attorney in historic redevelopment, Mr. Cole is closely networked with and can identify and recommend the individuals needed to contribute toward that success.  Those individuals might include, but are not limited to, architects, engineers, forensics specialists, conservators, specialty consultants, state and federal regulatory experts, academics and historians, archeologists, tax specialists, and preservation-friendly lenders and equity providers.

 

Historic Preservation-Related Legal Services

    

     Financial/Economic Incentive-Related:  Many historic rehabilitation projects, both commercial and residential, are eligible for various types of development financial incentives.  However, most of these incentives have complicated and sometimes vague requirements – such as complying with the federal Secretary of the Interior’s Standards for Rehabilitation – and require working with local, state and federal preservation commissions and agencies.  As a former historic architect with the Illinois’ State Historic Preservation Office (SHPO) – the Illinois Historic Preservation Agency – Mr. Cole helped administer various state and federal tax-benefit programs and grants for the State of Illinois and has an insider’s understanding of local, state and federal preservation administrative laws and bureaucracies.  As an architect and attorney he has assisted developers and property owners with obtaining those same benefits and even representing them in their appeal of denial of such benefits before the National Park Service in Washington, D.C.

      The key to maximizing preservation-related financial opportunities is in developing creative and comprehensive strategies at the commencement of any project and implementing a plan that insures the greatest return possible within the proper timeframes.  This includes, but is not limited to:

- Obtaining and Maximizing Rehabilitation Historic Tax Credits

- Historic Tax Credit Syndication for Raising Project Equity

- Donating Historic Preservation Façade/Conservation Easements

- Obtaining Property Tax Assessment Freeze Benefits (Illinois-specific)

- Obtaining the Ad Valorem Tax Exemption for Historic Properties (Florida-specific)

- Obtaining Class ‘L’ Tax Benefits (Cook County, Illinois-specific)

- Obtaining New Markets Tax Credits

- Energy-Efficiency Tax Benefits

- Analysis of Cost Segregation and Accelerated Depreciation Potential

- Applying for Grants, including Disaster-Related Grants

- Obtaining Tax-Increment Financing (TIF)

- Obtaining Public Finance, including Revenue Bonds and TIF-Backed Bonds

- Locating Preservation-Friendly Construction and Permanent Lenders

    

     Landmarking Related:  While some states have active landmarking programs, most landmarking occurs at the local level or by listing on the National Register of Historic Places.  The differences between the two types of legal historic designations are profound and greatly affect the ability of property owners to both avail themselves of financial/economic incentives and their ability modify their buildings without special government approval.  For that reason, while some property owners seek landmark status for their properties, others object to it.  Mr. Cole has represented property owners in obtaining and objecting to landmark designations – in each case, by proper applying and observing local and federal landmarking laws to obtain the best outcome for his clients.  This includes, but is not limited to:

- Obtaining and Objecting to Listing on the National Register of Historic Places

- Obtaining and Objecting to Local Landmarking

- Working with Historic Preservation Not-For-Profit Advocacy Groups

    

     Dispute Resolution:  Much of the historic-preservation related disputes involve landmarking issues, citizen advocacy or government objections to owners exercising their property rights by modifying or demolishing their properties, or the denial of various preservation-related financial/economic incentives.  In some cases, these disputes can be resolved through administrative actions or negotiations; however, in other cases, more aggressive representation is required.  Mr. Cole offers the following dispute-resoution services:

- Litigation

- Arbitration

- Mediation

- Negotiation

- Administrative Appeal

     In addition, Mr. Cole has served as an expert witness in preservation-related litigation.

    

     Cultural Resource-Related:  Historic rehabilitation projects may involve a wide assortment of services related to obtaining financial incentives, as well as complying with local, state and federal preservation laws, regulations and ordinances, including, but not limited to:

- Administrative Negotiation Regarding Compliance with State and Federal Regulatory Laws

- Historic American Building Survey/Historic American Engineering Record/ Historic American Landscape Survey (HABS/HAER/HALS) Documentation 

-  Adverse Effect Case Report Preparation

- Strategic Planning for the Management & Development of Historic Properties

- Cultural Resources Surveys

- Historic Structures Reports

- Building and Material Investigation and Forensics

- Existing Conditions Surveys and Reports

- Historical Research

- Design Review for Municipalities

- Historic Preservation Ordinance Consultation

- Historic Preservation/Green Building Impact

- Request For Proposal (RFP) Consultation

- Coordination with Archeologists

- Outreach to Historic Preservation Advocacy Organizations

- Compliance with Local, State and Federal Accessibility Laws