Public Hearing: YES ☐ NO ☒ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 2 & 6
Appeal of a Decision of the Historic Preservation Commission at 1176 Lullwater Road by Katharine Butler
Body
INFORMATION CONTACT: Brandon White, Current Planning Manager
PHONE NUMBER: 404-371-2155
STANDARD OF REVIEW:
Chapter 13.5-8 (12) allows an applicant to appeal a decision by the Historic Preservation Commission to the Board of Commissioners. The appeal shall be limited to a review of the record of the proceedings before the preservation commission. The standard of review shall be an abuse of discretion. An abuse of discretion exists where the record presented to the governing authority shows that the preservation commission exceeded the limits of its authority or that the preservation commission's decision was not based on factors set forth in the section 13.5-8(3) or the guidelines adopted by the preservation commission pursuant to section 13.5-6 or that the preservation commission's decision was otherwise arbitrary and capricious. If the governing authority finds no abuse of discretion, then it may affirm the decision of the preservation commission. If the governing authority finds that the preservation commission abused its discretion in reaching a decision, then it may reverse the preservation commission's decision, or it may reverse the preservation commission's decision and remand the application to the preservation commission with direction.
PURPOSE:
Appeal of the January 16th, 2024 decision of the Historic Preservation Commission to approve a Certificate of Appropriateness application at 1176 Lullwater Road in the Druid Hills Historic District.
SUMMARY:
Recommended Action
Appellant Butler asserts that the Commission abused its discretion by approving the application as the Board of Commissioners had reversed a substantially similar application and by failing to recognize or take into consideration the predominant characteristics of the neighborhood when making its decision. The applicant asserts that the Commission’s decision to approve the application under a “hardship exception,” under DeKalb County Code Section 13.5-11 was an abuse of its discretion, as the application was not in harmony with the general purpose or intent of the Historic Preservation Ordinance or the Druid Hills Design Guidelines.